Angela Diamos v. Walmart Inc.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 ANGELA DIAMOS, Individually Case No. 2:19-cv-05526 SVW (GJSx)

and on Behalf of All Others Similarly

12 Situated, STIPULATED PROTECTIVE

ORDER1

13 Plaintiff,

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v.

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WALMART INC. and

16 INTERNATIONAL VITAMIN

CORPORATION,

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Defendant.

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1 1. A. PURPOSES AND LIMITATIONS

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

3 proprietary or private information for which special protection from public

4 disclosure and from use for any purpose other than prosecuting this litigation may

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

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

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

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

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

10 under the applicable legal principles.

11 B. GOOD CAUSE STATEMENT

12 This action is likely to involve privileged, confidential, or nonpublic

13 information, including, but not limited to, trade secrets, research, design,

14 development, financial, technical, marketing, planning, personal, or commercial

15 information, as such terms are used in the Federal Rules of Civil Procedure (Fed. R.

16 Civ.) and any applicable case law interpreting Fed. R. Civ. 26(c)(1)(G); contracts;

17 non-public compilations of retail prices; proprietary information; vendor

18 agreements; personnel files; claim/litigation information; and nonpublic policies and

19 procedures, for which special protection from public disclosure and from use for any

20 purpose other than prosecution of this action is warranted. Such confidential and

21 proprietary materials and information consist of, among other things, confidential

22 business or financial information, information regarding confidential business

23 practices, or other confidential research, development, or commercial information

24 (including information implicating privacy rights of third parties), information

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

26 otherwise protected from disclosure under state or federal statutes, court rules, case

27 decisions, or common law. Accordingly, to expedite the flow of information, to

1 materials, to adequately protect information the parties are entitled to keep

2 confidential, to ensure that the parties are permitted reasonably necessary uses of

3 such material in preparation for and in the conduct of trial, to address their handling

4 at the end of the litigation, and serve the ends of justice, a protective order for such

5 information is justified in this matter. It is the intent of the parties that information

6 will not be designated as confidential for tactical reasons and that nothing be so

7 designated without a good faith belief that it has been maintained in a confidential,

8 non-public manner, and there is good cause why it should not be part of the public

9 record of this case.

10 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL

11 The parties further acknowledge, as set forth in section 12.3, below, that this

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

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

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

15 to file material under seal.

16 There is a strong presumption that the public has a right of access to judicial

17 proceedings and records in civil cases. In connection with non-dispositive motions,

18 good cause must be shown to support a filing under seal. See Kamakana v. City and

19 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors

20 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,

21 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders

22 require good cause showing), and a specific showing of good cause or compelling

23 reasons with proper evidentiary support and legal justification, must be made with

24 respect to Protected Material that a party seeks to file under seal. The parties’ mere

25 designation of Disclosure or Discovery Material as CONFIDENTIAL does not—

26 without the submission of competent evidence by declaration, establishing that the

27 material sought to be filed under seal qualifies as confidential, privileged, or

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

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

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

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

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

6 under seal in connection with a dispositive motion or trial, the party seeking

7 protection must articulate compelling reasons, supported by specific facts and legal

8 justification, for the requested sealing order. Again, competent evidence supporting

9 the application to file documents under seal must be provided by declaration.

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

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

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

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

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

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

16 2. DEFINITIONS

17 2.1 Action: this pending federal lawsuit.

18 2.2 Challenging Party: a Party or Non-Party that challenges the

19 designation of information or items under this Order.

20 2.3 “CONFIDENTIAL” Information or Items: information (regardless of

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

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

23 the Good Cause Statement.

24 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as

25 their support staff).

26 2.5 Designating Party: a Party or Non-Party that designates information or

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

1 2.6 Disclosure or Discovery Material: all items or information, regardless

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

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

4 generated in disclosures or responses to discovery in this matter.

5 2.7 Expert: a person with specialized knowledge or experience in a matter

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

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

8 2.8 House Counsel: attorneys who are employees of a party to this Action.

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

10 counsel.

11 2.9 Non-Party: any natural person, partnership, corporation, association or

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

13 2.10 Outside Counsel of Record: attorneys who are not employees of a

14 party to this Action but are retained to represent or advise a party to this Action and

15 have appeared in this Action on behalf of that party or are affiliated with a law firm

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

17 2.11 Party: any party to this Action, including all of its officers, directors,

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

19 support staffs).

20 2.12 Producing Party: a Party or Non-Party that produces Disclosure or

21 Discovery Material in this Action.

22 2.13 Professional Vendors: persons or entities that provide litigation

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

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

25 and their employees and subcontractors.

26 2.14 Covered Data: any information that a party believes in good faith to be

27 subject to federal, state or foreign data protection laws or other privacy obligations.

1 Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (financial information); and, The Health

2 Insurance Portability and Accountability Act and the regulations thereunder, 45

3 CFR Part 160 and Subparts A and E of Part 164 (medical information). Certain

4 Covered Data may compel alternative or additional protections beyond those

5 afforded “Confidential” treatment, in which event the parties shall meet and confer

6 in good faith, and, if unsuccessful, shall move the Court for appropriate relief.

7 2.15 Protected Material: any Disclosure or Discovery Material that is

8 designated as “CONFIDENTIAL.”

9 2.16 Receiving Party: a Party that receives Disclosure or Discovery

10 Material from a Producing Party.

11 3. SCOPE

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

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

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

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

16 presentations by Parties or their Counsel that might reveal Protected Material.

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

18 trial judge. This Order does not govern the use of Protected Material at trial.

19 4. DURATION

20 “Final Disposition” of the action is defined as the conclusion of any appellate

21 proceedings, or, if no appeal is taken, when the time for filing of an appeal has run.

22 Except as set forth below, the terms of this protective order apply through Final

23 Disposition of the action. The parties may stipulate that they will be contractually

24 bound by the terms of this agreement beyond Final Disposition, but will have to file

25 a separate action for enforcement of the agreement once all proceedings in this case

26 are complete.

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

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

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

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

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

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

6 standard when merits-related documents are part of court record). Accordingly, for

7 such materials, the terms of this protective order do not extend beyond the

8 commencement of the trial.

9 5. DESIGNATING PROTECTED MATERIAL

10 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

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

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

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

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

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

17 within the ambit of this Order.

18 Mass, indiscriminate or routinized designations are prohibited. Designations

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

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

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

22 Party to sanctions.

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

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

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

26 5.2 Manner and Timing of Designations. Except as otherwise provided in

27 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

1 under this Order must be clearly so designated before the material is disclosed or

2 produced.

3 Designation in conformity with this Order requires:

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

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

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

7 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL Legend”), to each page that

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

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

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

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

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

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

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

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

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

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

18 before producing the specified documents, the Producing Party must affix the

19 CONFIDENTIAL Legend to each page that contains Protected Material. If only a

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

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

22 in the margins).

23 If a Producing Party believes in good faith that this Order’s protections for

24 “CONFIDENTIAL” designation are inadequate to protect especially sensitive

25 material, the Producing Party should meet and confer with the Receiving Party and

26 initiate the dispute resolution process under Local Rule 37.1 et seq.

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

1 deposition all protected testimony or (2) designates information disclosed at the

2 deposition as confidential by notifying the court reporter and other parties in

3 writing, within fifteen (15) business days of receipt of the transcript, of the specific

4 pages and lines of the transcript which are designated as confidential. The parties

5 may agree to a reasonable extension of the 15-business-day period for designation.

6 Designations of transcripts will apply to audio, video, or other recordings of the

7 testimony. During such 15-business-day period, the entire transcript shall receive

8 confidential treatment. Upon such designation, the court reporter and each party

9 shall affix the CONFIDENTIAL Legend to the designated pages and segregate them

10 as appropriate.

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

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

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

14 CONFIDENTIAL Legend. If only a portion or portions of the information warrants

15 protection, the Producing Party, to the extent practicable, shall identify the protected

16 portion(s).

17 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

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

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

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

22 Order.

23 5.4 Changing a Designation. A Producing Party may change the

24 confidentiality designation of materials it has produced, as follows: (1) The

25 producing party must give the receiving parties notice of the change by identifying

26 the documents or information at issue. Once notice is given, the receiving party

27 must make good-faith efforts to ensure that the documents or information are

1 giving notice, the producing party must reproduce the documents or information in a

2 format that contains the new designation. (3) If such information has been

3 disclosed to persons not qualified pursuant to sections 7.2 and 7.3 below, the party

4 who disclosed such information shall (a) take reasonable efforts to retrieve

5 previously disclosed Protected Material; (b) advise such persons that the material is

6 Confidential; and (c) give the producing party written assurance that steps (a) and

7 (b) have been completed.

8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

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

11 Scheduling Order.

12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

13 resolution process under Local Rule 37.1 et seq.

14 6.3 The burden of persuasion in any such challenge proceeding shall be on

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

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

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

18 Party has waived or withdrawn the confidentiality designation, all parties shall

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

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

21 challenge.

22 7. ACCESS TO AND USE OF PROTECTED MATERIAL

23 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

25 Action only for prosecuting, defending or attempting to settle this Action and may

26 not use Protected Material in other lawsuits. Such Protected Material may be

27 disclosed only to the categories of persons and under the conditions described in this

1 the provisions of section 13 below (Final Disposition).

2 The Parties agree to provide adequate security to protect data produced by the

3 other party(ies) or by non-parties. This includes secure data storage systems,

4 established security policies, and security training for employees, contractors and

5 experts. Adequate security also includes such measures as data encryption in transit,

6 data encryption at rest, data access controls, and physical security, whether

7 hosted/outsourced to a vendor or on premises. At a minimum, any receiving party

8 subject to the terms of this Confidentiality Order, will provide reasonable measures

9 to protect non-client data consistent with the American Bar Association Standing

10 Committee on Ethics and Professional Responsibility, Formal Opinion 477R.

11 7.2 Disclosure of CONFIDENTIAL Information or Items. Unless

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

13 Receiving Party may disclose any information or item designated

14 “CONFIDENTIAL” only to:

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

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

17 necessary to disclose the information for this Action;

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

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

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

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

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

23 (d) the court and its personnel;

24 (e) court reporters and their staff;

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

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

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

1 custodian or other person who otherwise possessed or knew the information;

2 (h) any witnesses in the case (including consulting and testifying experts)

3 as may from time to time be necessary in prosecution or defense of this action; and

4 (i) any mediator or settlement officer, and their supporting personnel,

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

6 7.3 Restriction on Disclosure to Direct Competitors. Notwithstanding the

7 foregoing, Protected Material shall not be disclosed to any current or former

8 employees of, or current or former consultants, advisors, or agents of, a direct

9 competitor of any party named in the litigation. If a Receiving Party is in doubt

10 about whether a particular entity is a direct competitor of a party named in this

11 lawsuit, then before disclosing any Protected Material to a current or former

12 employee, consultant, advisor, or agent of that entity, the Receiving Party’s counsel

13 must confer with counsel for the Producing Party.

14 7.4 Persons Receiving Protected Information Must Sign Exhibit A.

15 Counsel for each party shall advise all persons to whom Protected Material is

16 disclosed pursuant to this Order of the existence of this Order and shall provide all

17 such persons (other than the Court and its staff) with a copy of this Order. Counsel

18 shall also require such persons to execute the Affidavit attached as Exhibit A, prior

19 to the disclosure of Protected Material.

20 7.5 Protected Material in Hearings and Trial. The provisions of this Order

21 shall not affect, and this Order does not limit, the admissibility of Protected Material

22 (or references to that material) as evidence at trial, or during a hearing or similar

23 proceeding in this action. Prior to using Protected Material or the information

24 contained therein at any hearing that is open to the public, the party seeking to use

25 the Protected Material must give at least seven (7) days advance notice to the

26 producing party of the intent to use the Protected Material so that the producing

27 party may seek an appropriate Court Order to protect the Protected Material.

1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

2 IN OTHER LITIGATION

3 If a Party is served with a subpoena or a court order, interrogatory, or

4 document or civil investigative demand (collectively, a “Demand”) issued in other

5 litigation that compels disclosure of any information or items designated in this

6 Action as “CONFIDENTIAL,” that Party must give prompt written notice by hand

7 or electronic transmission within five (5) business days of receipt of such Demand

8 to the party or non-party who produced or designated the material as Protected

9 Material, and shall object to the production of such materials on the grounds of the

10 existence of this Order.

11 At the request of the party or non-party who produced or designated the

12 material as Protected Material, the Receiving Party shall refuse to comply with the

13 Demand unless (a) ordered to do so by a court with jurisdiction over the Receiving

14 Party; or (b) released in writing by the party or non-party who designated the

15 material as Protected Material. Compliance by the Receiving Party with any order

16 of a court of competent jurisdiction, directing production of any Protected Material,

17 shall not constitute a violation of this Order. The Designating Party shall bear the

18 burden and expense of seeking protection in that court of its confidential material

19 and nothing in these provisions should be construed as authorizing or encouraging a

20 Receiving Party in this Action to disobey a lawful directive from another court.

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

22 PRODUCED IN THIS LITIGATION

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

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

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

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

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

1 (b) If a third party produces (or intends to produce) documents and does

2 not designate (or does not intend to designate) those documents as Protected

3 Material, then any party to this action may seek to designate that third party’s

4 documents or categories of documents as Protected Material. In that case, it will be

5 the burden of the party seeking protected status to move for a court order

6 designating the materials as Protected Material after the parties confer.

7 (c) In the event additional parties join or intervene in this litigation, the

8 newly joined party(ies) shall not have access to Protected Material until its/their

9 counsel has executed and, at the request of any party, filed with the Court the

10 agreement of such party(ies) and such counsel to be fully bound by this Order.

11 (d) The parties agree that nothing in this Order shall be deemed to limit

12 the extent to which counsel for the parties may advise or represent their respective

13 clients, conduct discovery, prepare for trial, present proof at trial, including any

14 document designated Protected Material as set forth herein, or oppose the

15 production or admissibility of any information or documents which have been

16 requested.

17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

21 writing the Designating Party of the unauthorized disclosures with reasonable details

22 of the circumstances of the disclosure in order to permit the Designating Party to

23 understand and take appropriate steps, (b) use its best efforts to retrieve all

24 unauthorized copies of the Protected Material, (c) inform the person or persons to

25 whom unauthorized disclosures were made of all the terms of this Order, and (d)

26 request such person or persons to execute the “Acknowledgment and Agreement to

27 Be Bound” that is attached hereto as Exhibit A. This provision does not limit the

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

3 The production of privileged or work-product protected documents,

4 electronically stored information (ESI), or information is not a waiver of the

5 privilege or protection from discovery in this case or in any other federal or state

6 proceeding. When a Producing Party gives notice to Receiving Parties that certain

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

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

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

10 procedure may be established in an e-discovery order that provides for production

11 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and

12 (e), insofar as the parties reach an agreement on the effect of disclosure of a

13 communication or information covered by the attorney-client privilege or work

14 product protection, the parties may incorporate their agreement in the stipulated

15 protective order submitted to the court.

16 This Order shall be interpreted to provide the maximum protection allowed by

17 Federal Rule of Evidence (FRE) 502(d) and shall be enforceable and granted full

18 faith and credit in all other state and federal proceedings by 28 U.S. Code § 1738. In

19 the event of any subsequent conflict of law, the law that is most protective of

20 privilege and work product shall apply. Nothing contained herein is intended to or

21 shall serve to limit a party’s right to conduct a review of documents, ESI or

22 information (including metadata) for relevance, responsiveness and/or segregation

23 of privileged and/or protected information before production.

24 If the receiving party has reason to believe that a produced document or other

25 information may reasonably be subject to a claim of privilege, then the receiving

26 party shall immediately sequester the document or information, cease using the

27 document or information and cease using any work product containing the

1 of the document or, if no BATES number is available, shall otherwise inform the

2 producing party of the information.

3 A producing party must give written notice to any receiving party asserting a

4 claim of privilege, work-product protection, or other ground for reclaiming

5 documents or information (a “clawback request”). After a clawback request is

6 received, the receiving party shall immediately sequester the document (if not

7 already sequestered) and shall not review or use that document, or any work product

8 containing information taken from that document, for any purpose. The parties shall

9 meet and confer regarding any clawback request.

10 12. MISCELLANEOUS

11 12.1 Right to Further Relief. Nothing in this Order abridges the right of any

12 person to seek its modification by the Court in the future. If any person having

13 access to the Protected Material herein shall violate this Order, they may be subject

14 to sanctions by the Court and may be liable to pay for the damages caused by their

15 violation.

16 12.2 Right to Assert Other Objections. By stipulating to the entry of this

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

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

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

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

21 12.3 Filing Protected Material. The Parties agree in good faith to attach

22 Protected Material to a filing only when necessary and to redact any portion of the

23 Protected Material that is not necessary for that filing. A Party that seeks to file

24 under seal any Protected Material must comply with Local Civil Rule 79-5.

25 Protected Material may only be filed under seal pursuant to a court order authorizing

26 the sealing of the specific Protected Material at issue. If a Party’s request to file

27 Protected Material under seal is denied by the court, then the Receiving Party may

1 12.4 Persons with Knowledge of Protected Material. Persons having

2 knowledge of Protected Material and information due to their participation in the

3 conduct of this litigation shall use such knowledge and information only as

4 permitted herein, and shall not disclose such Protected Material, their contents or

5 any portion or summary thereof to any person(s) not involved in the conduct of this

6 litigation.

7 12.5 Withholding of Non-Relevant Attachments. The parties may withhold

8 non-relevant attachments that are attached to relevant emails. When an attachment

9 is withheld, either for privilege or non-responsiveness, the producing party shall

10 produce a one-page TIFF image (or PDF if production format dictates) in place of

11 the withheld attachment, correspondingly stating “Attachment Withheld-Privileged”

12 or “Attachment Withheld-Nonresponsive”, and bearing a sequential BATES number

13 within the family BATES range. If any attachment to an email contains responsive

14 content, then the cover email shall be produced for context, regardless of the cover

15 email’s responsiveness. The cover email may be redacted in part to remove

16 sensitive information, as described below.

17 12.6 Redactions. The parties may redact (1) information that is privileged or

18 protected from discovery as work product or by reason of any other applicable

19 privilege or immunity; (2) information subject to non-disclosure obligations

20 imposed by governmental authorities, law or regulation (e.g., protected personal

21 information); and (3) sensitive, non-relevant information, including but not limited

22 to personally identifiable information, trade secrets, or information regarding

23 products, data, or people. Privilege redactions will state, over the redacted portion,

24 “Redacted–Privileged,” and all other redactions will state, “Redacted–

25 Nonresponsive.” Redactions of emails will not redact the names of recipients or the

26 subject line of the emails, unless the subject line is itself privileged or contains the

27 sensitive information described above, in which case only so much of the subject

1 documents in TIFF format (or searchable PDF if production format dictates; or in

2 native format for file types that do not convert well to TIFF/PDF, such as Excel

3 files) with corresponding searchable OCR text and the associated metadata for the

4 document, ensuring the redacted content is fully protected from disclosure.

5 13. FINAL DISPOSITION

6 Within sixty (60) days of the Final Disposition of this Action, as defined in

7 section 4, each party or non-party to whom any materials were produced shall,

8 without further request or direction from the Producing Party, promptly destroy all

9 documents, items or data received including, but not limited to, copies or summaries

10 thereof, in the possession or control of any expert or employee. This requirement to

11 destroy includes all materials that were produced, not only those designated as

12 Protected Material. The Receiving Party shall submit a written certification to the

13 Producing Party by the 60-day deadline that (1) confirms the destruction/deletion of

14 all Protected Material, including any copies of Protected Materials provided to

15 persons required to execute Exhibit A (Affidavit), and (2) affirms the Receiving

16 Party has not retained any copies, abstracts, compilations, summaries or any other

17 format reproducing or capturing any of the Protected Material. Notwithstanding this

18 provision, outside counsel is entitled to retain an archival copy of all pleadings,

19 motion papers, trial, deposition, and hearing transcripts, legal memoranda,

20 correspondence, deposition and trial exhibits, expert reports, attorney work product,

21 and consultant and expert work product, even if such materials contain Protected

22 Material. Any such archival copies that contain or constitute Protected Material

23 remain subject to this Protective Order as set forth in Section 4 (DURATION).

24 14. VIOLATION

25 Any violation of this Order may be punished by appropriate measures including,

26 without limitation, contempt proceedings and/or monetary sanctions.

27

1 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD.

2

3 || DATED: October 7, 2020

4

5 || /s/ Matthew Insley-Pruitt

6 Attorneys for Plaintiff

7

3 DATED: October 7, 2020

9

/s/ Jennifer Jackson

10 || Attorneys for Defendants Walmart and IVC

11

12

B FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

14

5 DATED: October 19, 2020

16 Ups

17

18 || GAILJ.STANDISH

19 UNITED STATES MAGISTRATE JUDGE

20

21

22

23

24

25

26

27

28

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, _____________________________ [print or type full name], of

5 _________________ [print or type full address], declare under penalty of perjury

6 that I have read in its entirety and understand the Stipulated Protective Order that

7 was issued by the United States District Court for the Central District of California

8 on [date] in the case of Angela Diamos v. Walmart Inc., Case No. 2:19-cv-05526

9 SVW (GJSx). I agree to comply with and to be bound by all the terms of this

10 Stipulated Protective Order and I understand and acknowledge that failure to so

11 comply could expose me to sanctions and punishment in the nature of contempt. I

12 solemnly promise that I will not disclose in any manner any information or item that

13 is subject to this Stipulated Protective Order to any person or entity except in strict

14 compliance with the provisions of this Order.

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

16 Central District of California for enforcing the terms of this Stipulated Protective

17 Order, even if such enforcement proceedings occur after termination of this action.

18 I hereby appoint __________________________ [print or type full name] of

19 _______________________________________ [print or type full address and

20 telephone number] as my California agent for service of process in connection with

21 this action or any proceedings related to enforcement of this Stipulated Protective

22 Order.

23 Date: ______________________________________

24 City and State where sworn and signed: _________________________________

25

26 Printed name: _______________________________

27 Signature: __________________________________