Randy Wines v. Walmart Inc.

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 SOUTHERN DIVISION

11 RANDY WINES, an individual, Case No.: 8:19-cv-00696-JLS (JDEx)

12 Plaintiff, PROTECTIVE ORDER

13 vs.

[Discovery Document: Referred to

14 WALMART INC., et al. Magistrate Judge John D. Early]

15 Defendants.

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17 1. PURPOSES AND LIMITATIONS

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

19 proprietary or private information for which special protection from public

20 disclosure and from use for any purpose other than pursuing this litigation may be

21 warranted. Accordingly, the parties hereby stipulate to and petition the Court to

22 enter the following Stipulated Protective Order. The parties acknowledge that this

23 Order does not confer blanket protections on all disclosures or responses to

24 discovery and that the protection it affords from public disclosure and use extends

25 only to the limited information or items that are entitled to confidential treatment

26 under the applicable legal principles.

27 / / /

1 2. GOOD CAUSE STATEMENT

2 This action is likely to involve confidential employment, commercial,

3 financial, technical and/or proprietary information for which special protection from

4 public disclosure and from use for any purpose other than prosecution of this action

5 is warranted. Such confidential and proprietary materials and information consist of,

6 among other things: personnel information of non-parties; medical documentation

7 and medical information of any person besides Plaintiff; documents referring or

8 related to confidential and proprietary human resources or business information;

9 non-public financial information and business information of Defendant;

10 confidential investigation records of Defendant; proprietary or sensitive policies,

11 procedures or training materials of Defendant; confidential business or financial

12 information, information regarding confidential business practices, or other

13 confidential research, development, or commercial information (including

14 information implicating privacy rights of third parties); information otherwise

15 generally unavailable to the public, or which may be privileged or otherwise

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

17 or common law. Accordingly, to expedite the flow of information, to facilitate the

18 prompt resolution of disputes over confidentiality of discovery materials, to

19 adequately protect information the parties are entitled to keep confidential, to ensure

20 that the parties are permitted reasonable necessary uses of such material in

21 preparation for and in the conduct of trial, to address their handling at the end of the

22 litigation, and serve the ends of justice, a protective order for such information is

23 justified in this matter. It is the intent of the parties that information will not be

24 designated as confidential for tactical reasons and that nothing be so designated

25 without a good faith belief that it has been maintained in a confidential, non-public

26 manner, and there is good cause why it should not be part of the public record of this

27 case.

1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE

2 The parties further acknowledge, as set forth in Section 14.3, below, that this

3 Stipulated Protective Order does not entitle them to file confidential information

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

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

6 to file material under seal. There is a strong presumption that the public has a right

7 of access to judicial proceedings and records in civil cases. In connection with non-

8 dispositive motions, good cause must be shown to support a filing under seal. See

9 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),

10 Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002),

11 Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even

12 stipulated protective orders require good cause showing), and a specific showing of

13 good cause or compelling reasons with proper evidentiary support and legal

14 justification, must be made with respect to Protected Material that a party seeks to

15 file under seal. The parties’ mere designation of Disclosure or Discovery Material as

16 CONFIDENTIAL does not—without the submission of competent evidence by

17 declaration, establishing that the material sought to be filed under seal qualifies as

18 confidential, privileged, or otherwise protectable—constitute good cause.

19 Further, if a party requests sealing related to a dispositive motion or trial, then

20 compelling reasons, not only good cause, for the sealing must be shown, and the

21 relief sought shall be narrowly tailored to serve the specific interest to be protected.

22 See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For

23 each item or type of information, document, or thing sought to be filed or introduced

24 under seal, the party seeking protection must articulate compelling reasons,

25 supported by specific facts and legal justification, for the requested sealing order.

26 Again, competent evidence supporting the application to file documents under seal

27 must be provided by declaration.

1 Any document that is not confidential, privileged, or otherwise protectable in

2 its entirety will not be filed under seal if the confidential portions can be redacted. If

3 documents can be redacted, then a redacted version for public viewing, omitting

4 only the confidential, privileged, or otherwise protectable portions of the document,

5 shall be filed. Any application that seeks to file documents under seal in their

6 entirety should include an explanation of why redaction is not feasible.

7 4. DEFINITIONS

8 4.1 Action: this pending federal lawsuit, entitled Randy Wines v.

9 Walmart Inc., Case No. 8:19-cv-00696-JLS-JDE.

10 4.2 Challenging Party: a Party or Non-Party that challenges the designation

11 of information or items under this Order.

12 4.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

15 the Good Cause Statement.

16 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as

17 their support staff).

18 4.5 Designating Party: a Party or Non-Party that designates information or

19 items that it produces in disclosures or in responses to discovery as

20 “CONFIDENTIAL.”

21 4.6 Disclosure or Discovery Material: all items or information, regardless

22 of the medium or manner in which it is generated, stored, or maintained (including,

23 among other things, testimony, transcripts, and tangible things), that are produced or

24 generated in disclosures or responses to discovery.

25 4.7 Expert: a person with specialized knowledge or experience in a matter

26 pertinent to the litigation who has been retained by a Party or its counsel to serve as

27 an expert witness or as a consultant in this Action.

1 4.8 House Counsel: attorneys who are employees of a party to this Action.

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

3 counsel.

4 4.9 Non-Party: any natural person, partnership, corporation, association or

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

6 4.10 Outside Counsel of Record: attorneys who are not employees of a party

7 to this Action but are retained to represent a party to this Action and have appeared

8 in this Action on behalf of that party or are affiliated with a law firm that has

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

10 4.11 Party: any party to this Action, including all of its officers, directors,

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

12 support staffs).

13 4.12 Producing Party: a Party or Non-Party that produces Disclosure or

14 Discovery Material in this Action.

15 4.13 Professional Vendors: persons or entities that provide litigation support

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

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

18 and their employees and subcontractors.

19 4.14 Protected Material: any Disclosure or Discovery Material that is

20 designated as “CONFIDENTIAL.”

21 4.15 Receiving Party: a Party that receives Disclosure or Discovery

22 Material from a Producing Party.

23 5. SCOPE

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

25 Protected Material (as defined above), but also (1) any information copied or

26 extracted from Protected Material; (2) all copies, excerpts, summaries, or

27 compilations of Protected Material; and (3) any testimony, conversations, or

1 Any use of Protected Material at trial shall be governed by the orders of the

2 trial judge and other applicable authorities. This Order does not govern the use of

3 Protected Material at trial.

4 6. DURATION

5 Once a case proceeds to trial, information that was designated as

6 CONFIDENTIAL or maintained pursuant to this protective order used or introduced

7 as an exhibit at trial becomes public and will be presumptively available to all

8 members of the public, including the press, unless compelling reasons supported by

9 specific factual findings to proceed otherwise are made to the trial judge in advance

10 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause”

11 showing for sealing documents produced in discovery from “compelling reasons”

12 standard when merits-related documents are part of court record). Accordingly, the

13 terms of this protective order do not extend beyond the commencement of the trial.

14 7. DESIGNATING PROTECTED MATERIAL

15 7.1 Exercise of Restraint and Care in Designating Material for Protection.

16 Each Party or Non-Party that designates information or items for protection under

17 this Order must take care to limit any such designation to specific material that

18 qualifies under the appropriate standards. The Designating Party must designate for

19 protection only those parts of material, documents, items or oral or written

20 communications that qualify so that other portions of the material, documents, items

21 or communications for which protection is not warranted are not swept unjustifiably

22 within the ambit of this Order.

23 Mass, indiscriminate or routinized designations are prohibited. Designations

24 that are shown to be clearly unjustified or that have been made for an improper

25 purpose (e.g., to unnecessarily encumber the case development process or to impose

26 unnecessary expenses and burdens on other parties) may expose the Designating

27 Party to sanctions.

1 If it comes to a Designating Party’s attention that information or items that it

2 designated for protection do not qualify for protection, that Designating Party must

3 promptly notify all other Parties that it is withdrawing the inapplicable designation.

4 7.2 Manner and Timing of Designations. Except as otherwise provided in

5 this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material

6 that qualifies for protection under this Order must be clearly so designated before

7 the material is disclosed or produced.

8 Designation in conformity with this Order requires:

9 (a) for information in documentary form (e.g., paper or electronic

10 documents, but excluding transcripts of depositions or other pretrial or trial

11 proceedings), that the Producing Party affix at a minimum, the legend

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

13 contains protected material. If only a portion of the material on a page qualifies for

14 protection, the Producing Party also must clearly identify the protected portion(s)

15 (e.g., by making appropriate markings in the margins).

16 A Party or Non-Party that makes original documents available for inspection

17 need not designate them for protection until after the inspecting Party has indicated

18 which documents it would like copied and produced. During the inspection and

19 before the designation, all of the material made available for inspection shall be

20 deemed “CONFIDENTIAL.” After the inspecting Party has identified the

21 documents it wants copied and produced, the Producing Party must determine which

22 documents, or portions thereof, qualify for protection under this Order. Then, before

23 producing the specified documents, the Producing Party must affix the

24 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a

25 portion of the material on a page qualifies for protection, the Producing Party also

26 must clearly identify the protected portion(s) (e.g., by making appropriate markings

27 in the margins).

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

2 identifies the Disclosure or Discovery Material on the record, before the close of the

3 deposition all protected testimony.

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

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

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

7 legend “CONFIDENTIAL.” If only a portion or portions of the information

8 warrants protection, the Producing Party, to the extent practicable, shall identify the

9 protected portion(s).

10 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

11 failure to designate qualified information or items does not, standing alone, waive

12 the Designating Party’s right to secure protection under this Order for such material.

13 Upon timely correction of a designation, the Receiving Party must make reasonable

14 efforts to assure that the material is treated in accordance with the provisions of this

15 Order.

16 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

17 8.1. Timing of Challenges. Any Party or Non-Party may challenge a

18 designation of confidentiality at any time that is consistent with the Court’s

19 Scheduling Order.

20 8.2 Meet and Confer. The Challenging Party shall initiate the dispute

21 resolution process under Local Rule 37-1 et seq.

22 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a

23 joint stipulation pursuant to Local Rule 37-2.

24 8.4 The burden of persuasion in any such challenge proceeding shall be on

25 the Designating Party. Frivolous challenges, and those made for an improper

26 purpose (e.g., to harass or impose unnecessary expenses and burdens on other

27 parties) may expose the Challenging Party to sanctions. Unless the Designating

1 continue to afford the material in question the level of protection to which it is

2 entitled under the Producing Party’s designation until the Court rules on the

3 challenge.

4 9. ACCESS TO AND USE OF PROTECTED MATERIAL

5 9.1 Basic Principles. A Receiving Party may use Protected Material that is

6 disclosed or produced by another Party or by a Non-Party in connection with this

7 Action only for prosecuting, defending or attempting to settle this Action. Such

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

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

10 Receiving Party must comply with the provisions of section 15 below (FINAL

11 DISPOSITION).

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

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

14 authorized under this Order.

15 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

16 otherwise ordered by the court or permitted in writing by the Designating Party, a

17 Receiving Party may disclose any information or item designated

18 “CONFIDENTIAL” only to:

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

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

21 necessary to disclose the information for this Action;

22 (b) the officers, directors, and employees (including House Counsel) of

23 the Receiving Party to whom disclosure is reasonably necessary for this Action;

24 (c) Experts (as defined in this Order) of the Receiving Party to whom

25 disclosure is reasonably necessary for this Action and who have signed the

26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

27 (d) the court and its personnel;

1 (f) professional jury or trial consultants, mock jurors, and Professional

2 Vendors to whom disclosure is reasonably necessary for this Action and who have

3 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

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

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

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

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

8 party requests that the witness sign the form attached as Exhibit A hereto; and

9 (2) they will not be permitted to keep any confidential information unless they sign

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

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

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

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

14 as permitted under this Stipulated Protective Order; and

15 (i) any mediators or settlement officers and their supporting personnel,

16 mutually agreed upon by any of the parties engaged in settlement discussions.

17 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED

18 PRODUCED IN OTHER LITIGATION

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

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

21 “CONFIDENTIAL,” that Party must:

22 (a) promptly notify in writing the Designating Party. Such notification

23 shall include a copy of the subpoena or court order;

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

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

26 subpoena or order is subject to this Protective Order. Such notification shall include

27 a copy of this Stipulated Protective Order; and

1 (c) cooperate with respect to all reasonable procedures sought to be

2 pursued by the Designating Party whose Protected Material may be affected. If the

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

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

5 as “CONFIDENTIAL” before a determination by the court from which the

6 subpoena or order issued, unless the Party has obtained the Designating Party’s

7 permission. The Designating Party shall bear the burden and expense of seeking

8 protection in that court of its confidential material and nothing in these provisions

9 should be construed as authorizing or encouraging a Receiving Party in this Action

10 to disobey a lawful directive from another court.

11 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

12 PRODUCED IN THIS LITIGATION

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

14 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information

15 produced by Non-Parties in connection with this litigation is protected by the

16 remedies and relief provided by this Order. Nothing in these provisions should be

17 construed as prohibiting a Non-Party from seeking additional protections.

18 (b) In the event that a Party is required, by a valid discovery request, to

19 produce a Non-Party’s confidential information in its possession, and the Party is

20 subject to an agreement with the Non-Party not to produce the Non-Party’s

21 confidential information, then the Party shall:

22 (1) promptly notify in writing the Requesting Party and the

23 Non-Party that some or all of the information requested is subject to a

24 confidentiality agreement with a Non-Party;

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

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

27 specific description of the information requested; and

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

2 the Non-Party, if requested.

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

4 within 14 days of receiving the notice and accompanying information, the Receiving

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

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

7 Party shall not produce any information in its possession or control that is subject to

8 the confidentiality agreement with the Non-Party before a determination by the

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

10 expense of seeking protection in this court of its Protected Material.

11 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

12 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

13 Protected Material to any person or in any circumstance not authorized under this

14 Stipulated Protective Order, the Receiving Party must immediately (a) notify in

15 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts

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

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

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

19 Agreement to Be Bound” attached hereto as Exhibit A.

20 13. INADVERTENT PRODUCTION OF PRIVILEGED OR

21 OTHERWISE PROTECTED MATERIAL

22 When a Producing Party gives notice to Receiving Parties that certain

23 inadvertently produced material is subject to a claim of privilege or other protection,

24 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil\

25 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure

26 may be established in an e-discovery order that provides for production without

27 prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), each

1 protected Disclosure or Discovery Material against claims of waiver (including as

2 against any Non-Party and in other federal and state proceedings) as follows:

3 (a) The disclosure or production of Disclosure or Discovery Material by a

4 Producing Party subject to a legally recognized claim of privilege, including without

5 limitation the attorney-client privilege and the work-product doctrine, to a Receiving

6 Party, shall in no way constitute the voluntary disclosure of such Disclosure or

7 Discovery Material.

8 (b) The inadvertent disclosure or production of Disclosure or Discovery

9 Material in this Action shall not result in the waiver of any privilege, evidentiary

10 protection or other protection associated with such Disclosure or Discovery Material

11 as to the Receiving Party or any Non-Party, and shall not result in any waiver,

12 including subject matter waiver, of any kind.

13 (c) If, during the course of this Action, a party determines that any

14 Disclosure or Discovery Material produced by another Party is or may reasonably be

15 subject to a legally recognizable privilege or evidentiary protection (“Protected

16 Document”):

17 (i) the Receiving Party shall: (A) refrain from reading the Protected

18 Document any more closely than is necessary to ascertain that it is privileged or

19 otherwise protected from disclosure; (B) immediately notify the Producing Party in

20 writing that it has discovered Disclosure or Discovery Material believed to be

21 privileged or protected; (C) specifically identify the Protected Documents by Bates

22 number range or hash value; and, (D) within fourteen (14) days of discovery by the

23 Receiving Party, return, sequester, or destroy all copies of such Protected

24 Documents, along with any notes, abstracts or compilations of the content thereof.

25 To the extent that a Protected Document has been loaded into a litigation review

26 database under the control of the Receiving Party, the Receiving Party shall have all

27 electronic copies of the Protected Document extracted from the database. Where

1 reviewed, disclosed, or otherwise used by the Receiving Party. Notwithstanding, the

2 Receiving Party is under no obligation to search or review the Producing Party’s

3 Documents to identify potentially privileged or work product Protected Documents.

4 (ii) If the Producing Party intends to assert a claim of privilege or

5 other protection over Disclosure or Discovery Material identified by the Receiving

6 Party as Protected Documents, the Producing Party will, within fourteen (14) days

7 of receiving the Receiving Party’s written notification described above, inform the

8 Receiving Party of such intention in writing and shall provide the Receiving Party

9 with a log for such Protected Documents that is consistent with the requirements of

10 the Federal Rules of Civil Procedure, setting forth the basis for the claim of

11 privilege or other protection. In the event that any portion of a Protected Document

12 does not contain privileged or protected information, the Producing Party shall also

13 provide to the Receiving Party a redacted copy of the document that omits the

14 information that the Producing Party believes is subject to a claim of privilege or

15 other protection.

16 (d) If, during the course of this Action, a Party determines it has produced

17 a Protected Document:

18 (i) the Producing Party may notify the Receiving Party of such

19 inadvertent production in writing, and demand the return of such documents. Such

20 notice shall be in writing; however, it may be delivered orally on the record at a

21 deposition, promptly followed up in writing. The Producing Party’s written notice

22 will identify the Protected Document inadvertently produced by bates number range

23 or hash value, the privilege or protection claimed, and the basis for the assertion of

24 the privilege and shall provide the Receiving Party with a log for such Protected

25 Documents that is consistent with the requirements of the Federal Rules of Civil

26 Procedure, setting forth the basis for the claim of privilege or other protection. In the

27 event that any portion of the Protected Document does not contain privileged or

1 a redacted copy of the Document that omits the information that the Producing Party

2 believes is subject to a claim of privilege or other protection.

3 (ii) the Receiving Party must, within fourteen (14) days of receiving

4 the Producing Party’s written notification described above, return, sequester, or

5 destroy the Protected Document and any copies, along with any notes, abstracts or

6 compilations of the content thereof. To the extent that a Protected Document has

7 been loaded into a litigation review database under the control of the Receiving

8 Party, the Receiving Party shall have all electronic copies of the Protected

9 Document extracted from the database. Where such Protected Documents cannot be

10 destroyed or separated, they shall not be reviewed, disclosed, or otherwise used by

11 the Receiving Party.

12 (e) To the extent that the information contained in a Protected Document

13 has already been used in or described in other documents generated or maintained

14 by the Receiving Party prior to the date of receipt of written notice by the Producing

15 Party as set forth in paragraphs (c)(ii) and (d)(i), then the Receiving Party shall

16 sequester such documents until the claim has been resolved. If the Receiving Party

17 disclosed the Protected Document before being notified of its inadvertent

18 production, it must take reasonable steps to retrieve it.

19 (f) The Receiving Party’s return, sequestering or destruction of Protected

20 Documents as provided herein will not act as a waiver of the Receiving Party’s right

21 to move for the production of the returned, sequestered or destroyed documents on

22 the grounds that the documents are not, in fact, subject to a viable claim of privilege

23 or protection. However, the Receiving Party is prohibited and estopped from

24 arguing that:

25 (i) the disclosure or production of the Protected Documents acts as a

26 waiver of an applicable privilege or evidentiary protection;

27 (ii) the disclosure of the Protected Documents was not inadvertent;

1 (iii) the Producing Party did not take reasonable steps to prevent the

2 disclosure of the Protected Documents; or

3 (iv) the Producing Party failed to take reasonable or timely steps to

4 rectify the error.

5 (g) Either Party may submit Protected Documents to the Court under seal

6 for a determination of the claim of privilege or other protection. The Producing

7 Party shall preserve the Protected Documents until such claim is resolved. The

8 Receiving Party may not use the Protected Documents for any purpose absent this

9 Court’s Order.

10 (h) Upon a determination by the Court that the Protected Documents are

11 protected by the applicable privilege or evidentiary protection, and if the Protected

12 Documents have been sequestered rather than returned or destroyed by the

13 Receiving Party, the Protected Documents shall be returned or destroyed within 10

14 (ten) days of the Court’s order. The Court may also order the identification by the

15 Receiving Party of Protected Documents by search terms or other means.

16 (i) By operation of the Parties’ agreement and Court Order, the Parties are

17 specifically afforded the protections of Federal Rule of Evidence 502(d) and (e).

18 14. MISCELLANEOUS

19 14.1 Right to Further Relief. Nothing in this Order abridges the right of any

20 person to seek its modification by the Court in the future.

21 14.2 Right to Assert Other Objections. By stipulating to the entry of this

22 Protective Order, no Party waives any right it otherwise would have to object to

23 disclosing or producing any information or item on any ground not addressed in this

24 Stipulated Protective Order. Similarly, no Party waives any right to object on any

25 ground to use in evidence of any of the material covered by this Protective Order.

26 14.3 Filing Protected Material. A Party that seeks to file under seal any

27 Protected Material must comply with Local Civil Rule 79-5. Protected Material may

1 specific Protected Material. If a Party’s request to file Protected Material under seal

2 is denied by the court, then the Receiving Party may file the information in the

3 public record unless otherwise instructed by the court.

4 15. FINAL DISPOSITION

5 After the final disposition of this Action, as defined in paragraph 6, within 60

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22 Section 6 (DURATION).

23 / / /

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27 / / /

1 16. VIOLATION

2 Any violation of this Order may be punished by appropriate measures

3 |{including, without limitation, contempt proceedings and/or monetary sanctions.

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5 The foregoing is based on the Stipulation of the parties, and for good cause

6 ||shown therein, IT IS SO ORDERED.

DATED: January 30, 2020

10 J D. EARLY

nited States Magistrate Judge

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1 EXHIBIT A

2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

3 I, _________________________________ [print or type full name], of

4 _____________________________________________ [print or type full address],

5 declare under penalty of perjury that I have read in its entirety and understand the

6 Stipulated Protective Order that was issued by the United States District Court for

7 the Central District of California on January 30, 2020 in the case of Randy Wines v.

8 Walmart Inc., Case No. 8:19-cv-00696-JLS-JDE, United States District Court for

9 the Central District of California. I agree to comply with and to be bound by all the

10 terms of this Stipulated Protective Order and I understand and acknowledge that

11 failure to so comply could expose me to sanctions and punishment in the nature of

12 contempt. I solemnly promise that I will not disclose in any manner any information

13 or item that is subject to this Stipulated Protective Order to any person or entity

14 except in strict compliance with the provisions of this Order.

15 I further agree to submit to the jurisdiction of the United States District Court

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

17 Stipulated Protective Order, even if such enforcement proceedings occur after

18 termination of this action. I hereby appoint __________________________ [print or

19 type full name] of _______________________________________ [print or type

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

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

22 Stipulated Protective Order.

23

24 Date: ______________________

25 City and State where sworn and signed: _________________________________

26 Printed name: _______________________________

27 Signature: _______________________________