Opinion

Dorschel v. Walgreen Co.

Court: District Court, E.D. California
Filed: Nov 12, 2024
Cited by: 0 cases
Authority: More cited than 32.9%

The opinion

1 TIMOTHY B. DEL CASTILLO (SBN: 277296)

tdc@castleemploymentlaw.com

2 LISA L. BRADNER (SBN: 197952)

3 lb@castleemploymentlaw.com

SPENCER S. TURPEN (SBN: 296483)

4 st@castleemploymentlaw.com

CASTLE LAW: CALIFORNIA EMPLOYMENT COUNSEL, PC

2999 Douglas Blvd, Suite 180

6 Roseville, CA 95661

Telephone: (916) 245-0122

Attorneys for Plaintiff JEFFERY DORSCHEL

9 Allison C. Eckstrom, California Bar No. 217255

allison.eckstrom@bclplaw.com

10 Christopher J. Archibald, California Bar No. 253075

christopher.archibald@bclplaw.com

Amelia Alvarez, California Bar No. 310044

12 amelia.alvarez@bclplaw.com

BRYAN CAVE LEIGHTON PAISNER LLP

13 1920 Main Street, Suite 1000

Irvine, California 92614-7276

Telephone: (949) 223-7000

15 Facsimile: (949) 223-7100

16 Attorneys for Defendant WALGREEN CO.

18 UNITED STATES DISTRICT COURT

19 EASTERN DISTRICT OF CALIFORNIA

JEFFERY DORSCHEL, individually, and on

21 behalf of all others similarly situated, Case No. 2:24-CV-01405-DC-SCR

Plaintiff, STIPULATED PROTECTIVE

23 ORDER – DISCOVERY ONLY

24 WALGREEN CO., an Illinois Corporation; and Complaint Filed: April 3, 2024

25 Does 1-20, Removal Date: May 16, 2024

Trial Date: Not Assigned

26 Defendants.

1 1. PURPOSES AND LIMITATIONS

2 Disclosure and discovery activity in this action are likely to involve production of confidential,

3 proprietary, commercially sensitive, personally identifiable information (“PII”) or private information

4 for which special protection from public disclosure and from use for any purpose other than prosecuting

5 this litigation may 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 Order does not confer

7 blanket protections on all disclosures or responses to discovery and that the protection it affords from

8 public disclosure and use extends only to the limited information or items that are entitled to confidential

9 treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section

10 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information

11 under seal; Civil Local Rule 141 sets forth the procedures that must be followed and the standards that

12 will be applied when a party seeks permission from the court to file material under seal.

13 2. DEFINITIONS

14 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or

15 items under this Order.

16 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated,

stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure

26(c). The parties anticipate information deemed “CONFIDENTIAL” in this matter will include

information subject to third-party privacy rights, including, but not limited to, third-party contact

information and workplace investigation files.

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as

their support staff).

2.4 Designating Party: a Party or Non-Party that designates information or items that it

produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or

manner in which it is generated, stored, or maintained (including, among other things, testimony,

28 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery

1 in this matter.

2 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the

3 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant

4 in this action.

2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel

does not include Outside Counsel of Record or any other outside counsel.

2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity

not named as a Party to this action.

2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but

are retained to represent or advise a party to this action and have appeared in this action on behalf of that

party or are affiliated with a law firm which has appeared on behalf of that party.

2.10 Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in

16 this action.

17 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,

18 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or

19 retrieving data in any form or medium) and their employees and subcontractors.

20 2.13 Protected Material: any Disclosure or Discovery Material that is designated as

21 “CONFIDENTIAL.” The parties anticipate Protected Material will include information subject to third-

22 party privacy rights, including, but not limited to, third-party contact information and workplace

23 investigation files.

2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing

Party.

3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material (as

defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies,

1 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or

2 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections

3 conferred by this Stipulation and Order do not cover the following information: (a) any information that

4 is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public

domain after its disclosure to a Receiving Party as a result of publication not involving a violation of this

Order, including becoming part of the public record through trial or otherwise; and (b) any information

known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the

disclosure from a source who obtained the information lawfully and under no obligation of

confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a

separate agreement or order.

4. DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

16 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and

17 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits

18 for filing any motions or applications for extension of time pursuant to applicable law.

19 5. DESIGNATING PROTECTED MATERIAL

20 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-

21 Party that designates information or items for protection under this Order must take care to limit any

22 such designation to specific material that qualifies under the appropriate standards. The Designating

23 Party must designate for protection only those parts of material, documents, items, or oral or written

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

communications for which protection is not warranted are not swept unjustifiably within the ambit of

this Order.

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to

be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber

1 or retard the case development process or to impose unnecessary expenses and burdens on other parties)

2 expose the Designating Party to sanctions.

3 If it comes to a Designating Party’s attention that information or items that it designated for

4 protection do not qualify for protection, that Designating Party must promptly notify all other Parties

that it is withdrawing the mistaken designation.

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,

e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or

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

the material is disclosed or produced.

Designation in conformity with this Order requires:

(a) For information in documentary form (e.g., paper or electronic documents, but

excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix

the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or

portions of the material on a page qualifies for protection, the Producing Party also must clearly identify

16 the protected portion(s) (e.g., by making appropriate markings in the margins).

17 A Party or Non-Party that makes original documents or materials available for inspection need

18 not designate them for protection until after the inspecting Party has indicated which material it would

19 like copied and produced. During the inspection and before the designation, all of the material made

20 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified

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

22 portions thereof, qualify for protection under this Order. Then, before producing the specified

23 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains

Protected Material. If only a portion or portions of the material on a page qualifies for protection, the

Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate

markings in the margins).

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

Designating Party identify within thirty (30) days of the close of the deposition, hearing, or other

1 proceeding, all protected testimony.

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

3 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or

4 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or

portions of the information or item warrant protection, the Producing Party, to the extent practicable,

shall identify the protected portion(s).

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

qualified information or items does not, standing alone, waive the Designating Party’s right to secure

protection under this Order for such material. Upon timely correction of a designation, the Receiving

Party must make reasonable efforts to assure that the material is treated in accordance with the

provisions of this Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

16 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or

17 a significant disruption or delay of the litigation, a Party does not waive its right to challenge a

18 confidentiality designation by electing not to mount a challenge promptly after the original designation

19 is disclosed.

20 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by

21 providing written notice of each designation it is challenging and describing the basis for each challenge.

22 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the

23 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective

Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by

conferring directly (in voice-to-voice dialogue; other forms of communication are not sufficient) within

14 calendar days of the date of service of notice. In conferring, the Challenging Party must explain the

basis for its belief that the confidentiality designation was not proper and must give the Designating

Party an opportunity to review the designated material, to reconsider the circumstances, and, if no

1 change in designation is offered, to explain the basis for the chosen designation. A Challenging Party

2 may proceed to the next stage of the challenge process only if it has engaged in this meet and confer

3 process first or establishes that the Designating Party is unwilling to participate in the meet and confer

4 process in a timely manner.

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,

the Designating Party shall file and serve a motion to retain confidentiality within 21 calendar days of

the initial notice of challenge or within 14 calendar days of the parties agreeing that the meet and confer

process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a

competent declaration affirming that the movant has complied with the meet and confer requirements

imposed in the preceding paragraph. Failure by the Designating Party to make such a motion including

the required declaration within 21 calendar days (or 14 calendar days, if applicable) shall automatically

waive the confidentiality designation for each challenged designation. In addition, the Challenging Party

may file a motion challenging a confidentiality designation at any time if there is good cause for doing

so, including a challenge to the designation of a deposition transcript or any portions thereof. Any

16 motion brought pursuant to this provision must be accompanied by a competent declaration affirming

17 that the movant has complied with the meet and confer requirements imposed by the preceding

18 paragraph.

19 The burden of persuasion in any such challenge proceeding shall be on the Designating Party.

20 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary

21 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the

22 Designating Party has waived the confidentiality designation by failing to file a motion to retain

23 confidentiality as described above, all parties shall continue to afford the material in question the level

of protection to which it is entitled under the Producing Party’s designation until the court rules on the

challenge.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

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

produced by another Party or by a Non-Party in connection with this case only for prosecuting,

1 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the

2 categories of persons and under the conditions described in this Order. When the litigation has been

3 terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

4 DISPOSITION).

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

secure manner that ensures that access is limited to the persons authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the

court or permitted in writing by the Designating Party, a Receiving Party may disclose any information

or item designated “CONFIDENTIAL” only to:

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

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

information for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound”

that is attached hereto as Exhibit A;

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

16 Party to whom disclosure is reasonably necessary for this litigation and who have signed the

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

18 (d) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

19 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to

20 Be Bound” (Exhibit A);

21 (e) the court and its personnel;

22 (f) court reporters and their staff, professional jury or trial consultants, mock jurors,

23 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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

(g) during their depositions, witnesses in the action to whom disclosure is reasonably

necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

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

testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court

1 reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order.

2 (h) the author or recipient of a document containing the information or a custodian or

3 other person who otherwise possessed or knew the information.

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

LITIGATION

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

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must:

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

copy of the subpoena or court order;

(b) promptly notify in writing the party who caused the subpoena or order to issue in

the other litigation that some or all of the material covered by the subpoena or order is subject to this

Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

16 Designating Party whose Protected Material may be affected.

17 (d) If the Designating Party timely seeks a protective order, the Party served with the

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

19 “CONFIDENTIAL” before a determination by the court from which the subpoena or order issued,

20 unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the

21 burden and expense of seeking protection in that court of its confidential material – and nothing in these

22 provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey

23 a lawful directive from another court.

9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

LITIGATION

(a) The terms of this Order are applicable to information produced by a Non-Party in

this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in

1 these provisions should be construed as prohibiting a Non-Party from seeking additional protections.

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

3 Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the

4 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

(1) promptly notify in writing the Requesting Party and the Non-Party that some or

all of the information requested is subject to a confidentiality agreement with a Non-Party;

(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in

this litigation, the relevant discovery request(s), and a reasonably specific description of the information

requested; and

(3) make the information requested available for inspection by the Non-Party.

calendar days of receiving the notice and accompanying information, the Receiving Party may produce

the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

seeks a protective order, the Receiving Party shall not produce any information in its possession or

16 control that is subject to the confidentiality agreement with the Non-Party before a determination by the

17 court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of seeking

18 protection in this court of its Protected Material.

19 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material

21 to any person or in any circumstance not authorized under this Stipulated Protective Order, the

22 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized

23 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order,

and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound”

that is attached hereto as Exhibit A.

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

MATERIAL

1 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

2 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are

3 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

4 whatever procedure may be established in an e-discovery order that provides for production without

prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach

an agreement on the effect of disclosure of a communication or information covered by the attorney-

client privilege or work product protection, the parties may incorporate their agreement in the stipulated

protective order submitted to the court.

12. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its

modification by the court in the future.

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no

Party waives any right it otherwise would have to object to disclosing or producing any information or

item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any

16 right to object on any ground to use in evidence of any of the material covered by this Protective Order.

17 12.3 Filing Protected Material. Without written permission from the Designating Party or a

18 court order secured after appropriate notice, or upon another timeframe agreeable under the

19 circumstances, to all interested persons, a Party may not file in the public record in this action any

20 Protected Material. A Party that seeks to file under seal any Protected Material must comply with Local

21 Rule 141. Protected Material may only be filed under seal pursuant to a court order authorizing the

22 sealing of the specific Protected Material at issue. A sealing order will issue only upon a request

23 establishing that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise

entitled to protection under the law. If a Receiving Party's request to file Protected Material under seal is

denied by the court, then the Receiving Party may file the information in the public record unless

otherwise instructed by the court.

13. FINAL DISPOSITION

Within 60 calendar days after the final disposition of this action, as defined in paragraph 4, each

1 Receiving Party must return all Protected Material to the Producing Party or destroy such material. As

2 used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries,

3 and any other format reproducing or capturing any of the Protected Material. Whether the Protected

4 Material is returned or destroyed, the Receiving Party must submit a written certification to the

Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline

that (1) identifies (by category, where appropriate) all the Protected Material that was returned or

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

summaries or any other format reproducing or capturing any of the Protected Material. Notwithstanding

this provision, Counsel is entitled to retain an archival copy of all pleadings, motion papers, trial,

deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits,

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

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

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

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Dated: October 31, 2024 Castle Law: California Employment Counsel, PC

19 By: /s/ Spencer S. Turpen

Timothy B. Del Castillo

20 Lisa L. Bradner

Spencer S. Turpen

Attorneys for Plaintiff JEFFERY DORSCHEL

23 Dated: October 31, 2024 Bryan Cave Leighton Paisner LLP

26 By: /s/ Amelia Alvarez

Allison C. Eckstrom

27 Christopher J. Archibald

Amelia Alvarez

Attorneys for Defendant WALGREEN CO.

COURT ORDER ENTERING STIPULATED PROTECTIVE ORDER

3 Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED

4 || that:

5 1. The above stipulated protective order is ENTERED for discovery purposes only;

6 2. The provisions of the parties’ stipulation and this protective order shall remain in effect

7 until further order of the Court;

8 3. The parties are advised that pursuant to the Local Rules of the United States District

9 Court, Eastern District of California, any documents which are to be filed under seal

10 will require a written request which complies with Local Rule 141;

1 4. The party making a request to file documents under seal shall be required to show either

12 good cause or compelling reasons to seal the documents, depending on the type of

13 filing, Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009); Ctr. for

Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016); and

5. Ifa party’s request to file Protected Material under seal is denied by the Court, then the

previously filed material shall be immediately accepted by the court and become

information in the public record and the information will be deemed filed as of the date

that the request to file the Protected Information under seal was made.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

3 DATED: November 11, 2024

24 foo

25 SEAN C. RIORDAN

6 UNITED STATES MAGISTRATE JUDGE

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I, _____________________________ [print or type full name], of _________________ [print or

4 type full address], declare under penalty of perjury that I have read in its entirety and understand the

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

California on [date] in the case of Jeffery Dorschel v. Walgreen Co., United States District Court for the

Eastern District of California, case number 2:24-CV-01405-DC-SCR. I agree to comply with and to be

bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure

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

promise that I will not disclose in any manner any information or item that is subject to this Stipulated

Protective Order to any person or entity except in strict compliance with the provisions of this Order.

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

District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if

such enforcement proceedings occur after termination of this action.

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

17 _______________________________________ [print or type full address and telephone number] as my

18 California agent for service of process in connection with this action or any proceedings related to

19 enforcement of this Stipulated Protective Order.

21 Date: ______________________________________

22 City and State where sworn and signed: _________________________________

23 Printed name: _______________________________

Signature: __________________________________

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