Opinion

1 | STEPHEN J. DURON (SBN 263485)

Stephen @downtownlalaw-com

2 | LILIVOKALANI MARTIN (SBN 292778)

hh @downtownlalaw com

3 | MAE-ELAINE 0. DELO SANTO (SBN 277122)

mac@downtown alaw.com

4 || DOWNTOWN L.A. LAW GROUP

612 S. Broadway

5 || Los Angeles, CA 90014

Telephone: (213) 389-3765

6 || Fax: 877) 389-2775

7 || Attorney for Plaintiff

3 KENNETH PRADO

9 || JASON E. MURTAGH (SBN 294830)

jason murtagh@bipe.com

10 ARY R. HACKETT (SBN 326482)

ma hackett(@bipe.com

11 DANIEL C. PIERCE (SBN 335179)

danicl picrco@ c.com

12 | BUCHANA INGERSOLL & ROONEY LLP

One America Plaza

13 || 600 W. Broadway, Suite 1100

San Diego, CA 92101

14 || Telephone: (619) 239-8700

Fax: 619) 702-3898

15

16 || Attorneys for Defendant

7 WAL-MART ASSOCIATES, INC.

18 UNITED STATES DISTRICT COURT

19 CENTRAL DISTRICT OF CALIFORNIA

20 || KENNETH PRADO, an individual, Case No.: 5:25-—cv—023 13-—MWC-—SPx

21 Plaintiff(s),

22 VS. STIPULATED PROTECTIVE

ORDER

23 || WAL-MART ASSOCIATES, INC., a

Delaware corporation; and DOES 1

24 || through 20, inclusive,

25 Defendant(s).

26

27

28

1 1. INTRODUCTION

2 1.1 Purposes and Limitations. Discovery in this action is likely to involve

3 production of confidential, proprietary, or private information for which special

4 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

6 petition the court to enter the following Stipulated Protective Order. The parties

7 acknowledge that this Order does not confer blanket protections on all disclosures or

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

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

10 treatment under the applicable legal principles.

11 1.2 Good Cause Statement.

12 This action is likely to involve trade secrets and other valuable research,

13 development, commercial, financial, technical and/or proprietary information for

14 which special protection from public disclosure and from use for any purpose other

15 than prosecution of this action is warranted. Such confidential and proprietary

16 materials and information consist of, among other things, confidential business or

17 financial information, information regarding confidential business practices, or other

18 confidential research, development, or commercial information (including information

19 implicating privacy rights of third parties), information otherwise generally unavailable

20 to the public, or which may be privileged or otherwise protected from disclosure under

21 state or federal statutes, court rules, case decisions, or common law. Accordingly, to

22 expedite the flow of information, to facilitate the prompt resolution of disputes over

23 confidentiality of discovery materials, to adequately protect information the parties are

24 entitled to keep confidential, to ensure that the parties are permitted reasonable

25 necessary uses of such material in preparation for and in the conduct of trial, to address

26 their handling at the end of the litigation, and serve the ends of justice, a protective

27 order for such information is justified in this matter. It is the intent of the parties that

28 information will not be designated as confidential for tactical reasons and that nothing

1 be so designated without a good faith belief that it has been maintained in a

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

3 the public record of this case.

4 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties further

5 acknowledge, as set forth in Section 13.3, below, that this Stipulated Protective Order

6 does not entitle them to file confidential information under seal; Local Rule 79-5 sets

7 forth the procedures that must be followed and the standards that will be applied when

8 a party seeks permission from the court to file material under seal.

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

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

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

12 Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of Byrd v.

13 Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-Welbon v. Sony

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

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

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

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

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

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

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

21 protectable—constitute good cause.

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

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

24 sought shall be narrowly tailored to serve the specific interest to be protected. See

25 Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each item or

26 type of information, document, or thing sought to be filed or introduced under seal in

27 connection with a dispositive motion or trial, the party seeking protection must

28 articulate compelling reasons, supported by specific facts and legal justification, for the

1 || requested sealing order. Again, competent evidence supporting the application to file

2 documents under seal must be provided by declaration.

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

4 |lentirety will not be filed under seal if the confidential portions can be redacted. If

5 || documents can be redacted, then a redacted version for public viewing, omitting only

6 | the confidential, privileged, or otherwise protectable portions of the document, shall be

7 || filed. Any application that seeks to file documents under seal in their entirety should

8 || include an explanation of why redaction is not feasible.

9 2. DEFINITIONS

10 2.1 Action: The case Kenneth Prado v. Wal-Mart Associates, Inc.et al., Case

11 || No. 5:25-cv—02313-MWC-SP, United States District Court for the Central District

12 || of California.

13 2.2 Challenging Party: a Party or Non-Party that challenges the designation

14 || of information or items under this Order.

15 2.3. “CONFIDENTIAL” Information or Items: information (regardless of how

16 |/it is generated, stored or maintained) or tangible things that qualify for protection under

17 || Rule 26(c) of the Federal Rules of Civil Procedure, and as specified above in the Good

18 || Cause Statement.

19 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as referenced

20 |}in 2.9) as well as their support staff.

21 2.5 Designating Party: a Party or Non-Party that designates information or

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

23 || “CONFIDENTIAL.”

24 2.6 Disclosure or Discovery Material: all items or information, regardless of

25 || the medium or manner in which it is generated, stored, or maintained (including, among

26 || other things, testimony, transcripts, and tangible things), that are produced or generated

27 || in disclosures or responses to discovery in this matter.

28 2.7 Expert: a person with specialized knowledge or experience in a matter

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

2 expert witness or as a consultant in this Action.

3 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses in

4 this Action, with or without prejudice; and (2) final judgment herein after the

5 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this

6 Action, including the time limits for filing any motions or applications for extension of

7 time pursuant to applicable law.

8 2.9 In-House Counsel: attorneys who are employees of a party to this Action.

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

10 counsel.

11 2.10 Non-Party: any natural person, partnership, corporation, association, or

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

13 2.11 Outside Counsel of Record: attorneys who are not employees of a party to

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

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

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

17 2.12 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 2.13 Producing Party: a Party or Non-Party that produces Disclosure or

21 Discovery Material in this Action.

22 2.14 Professional Vendors: persons or entities that provide litigation- support

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

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

25 their employees and subcontractors.

26 2.15 Protected Material: any Disclosure or Discovery Material that is

27 designated as “CONFIDENTIAL.”

28 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material

1 from a Producing Party.

2 3. SCOPE

3 The protections conferred by this Stipulation and Order cover not only Protected

4 Material (as defined above), but also (1) any information copied or extracted from

5 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected

6 Material; and (3) any testimony, conversations, or presentations by Parties or their

7 Counsel that might reveal Protected Material.

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

9 judge. This Stipulated Protective Order does not govern the use of Protected Material

10 at trial.

11 4. TRIAL AND DURATION

12 The terms of this Stipulated Protective Order apply through Final Disposition of

13 the Action.

14 ONCE A CASE PROCEEDS TO TRIAL, INFORMATION THAT WAS

15 DESIGNATED AS CONFIDENTIAL OR MAINTAINED PURSUANT TO THIS

16 STIPULATED PROTECTIVE ORDER AND USED OR INTRODUCED AS AN

17 EXHIBIT AT TRIAL BECOMES PUBLIC AND WILL BE PRESUMPTIVELY

18 AVAILABLE TO ALL MEMBERS OF THE PUBLIC, INCLUDING THE PRESS,

19 UNLESS COMPELLING REASONS SUPPORTED BY SPECIFIC FACTUAL

20 FINDINGS TO PROCEED OTHERWISE ARE MADE TO THE TRIAL JUDGE IN

21 ADVANCE OF THE TRIAL. SEE KAMAKANA, 447 F.3D AT 1180–81

22 (DISTINGUISHING “GOOD CAUSE” SHOWING FOR SEALING DOCUMENTS

23 PRODUCED IN DISCOVERY FROM “COMPELLING REASONS” STANDARD

24 WHEN MERITS-RELATED DOCUMENTS ARE PART OF COURT RECORD).

25 ACCORDINGLY, FOR SUCH MATERIALS, THE TERMS OF THIS STIPULATED

26 PROTECTIVE ORDER DO NOT EXTEND BEYOND THE COMMENCEMENT

27 OF THE TRIAL.

28 Even after Final Disposition of this litigation, the confidentiality obligations

1 imposed by this Stipulated Protective Order shall remain in effect until a Designating

2 Party agrees otherwise in writing or a court order otherwise directs.

3 5. DESIGNATING PROTECTED MATERIAL

4 5.1 Exercise of Restraint and Care in Designating Material for Protection.

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

6 Order must take care to limit any such designation to specific material that qualifies

7 under the appropriate standards. The Designating Party must designate for protection

8 only those parts of material, documents, items, or oral or written communications that

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

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

11 this Order.

12 Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

16 to sanctions.

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

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

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

20 5.2 Manner and Timing of Designations. Except as otherwise provided in this

21 Stipulated Protective Order (see, e.g., second paragraph of section 5.2(a) below), or as

22 otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for

23 protection under this Stipulated Protective Order must be clearly so designated before

24 the material is disclosed or produced.

25 Designation in conformity with this Stipulated Protective Order requires:

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

27 but excluding transcripts of depositions or other pretrial or trial proceedings), that the

28 Producing Party affix at a minimum, the legend “CONFIDENTIAL” to each page that

1 contains protected material. If only a portion or portions of the material on a page

2 qualifies for protection, the Producing Party also must clearly identify the protected

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

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

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

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

7 the designation, all of the material made available for inspection shall be deemed

8 CONFIDENTIAL. After the inspecting Party has identified the documents it wants

9 copied and produced, the Producing Party must determine which documents, or

10 portions thereof, qualify for protection under this Stipulated Protective Order. Then,

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

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

13 portion or portions of the material on a page qualifies for protection, the Producing

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

15 markings in the margins).

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

17 Disclosure or Discovery Material on the record, before the close of the deposition all

18 protected testimony.

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

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

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

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

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

24 portion(s).

25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent

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

27 Designating Party’s right to secure protection under this Order for such material. Upon

28 timely correction of a designation, the Receiving Party must make reasonable efforts

1 to assure that the material is treated in accordance with the provisions of this Stipulated

2 Protective Order.

3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a

5 designation of confidentiality at any time that is consistent with the court’s Scheduling

6 Order.

7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute

8 resolution process under Local Rule 37.1 et seq.

9 6.3 The burden of persuasion in any such challenge proceeding shall be on the

10 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,

11 to harass or impose unnecessary expenses and burdens on other parties) may expose

12 the Challenging Party to sanctions. Unless the Designating Party has waived or

13 withdrawn the confidentiality designation, all parties shall continue to afford the

14 material in question the level of protection to which it is entitled under the Producing

15 Party’s designation until the court rules on the challenge.

16 7. ACCESS TO AND USE OF PROTECTED MATERIAL

17 7.1 Basic Principles. A Receiving Party may use Protected Material that is

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

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

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

21 conditions described in this Order. When the Action reaches a Final Disposition, a

22 Receiving Party must comply with the provisions of section 13 below.

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

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

25 authorized under this Stipulated Protective Order.

26 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

28 Receiving Party may disclose any information or item designated “CONFIDENTIAL”

1 only:

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

3 as employees of said Outside Counsel of Record to whom it is reasonably necessary to

4 disclose the information for this Action;

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

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

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

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

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

10 (d) to the court and its personnel;

11 (e) to court reporters and their staff;

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

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

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

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

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

17 (h) during their depositions, to witnesses, and attorneys for witnesses, in the

18 Action to whom disclosure is reasonably necessary, provided: (1) the deposing party

19 requests that the witness sign the “Acknowledgment and Agreement to Be Bound”

20 (Exhibit A); and (2) the witness will not be permitted to keep any confidential

21 information unless they sign the “Acknowledgment and Agreement to Be Bound”

22 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court.

23 Pages of transcribed deposition testimony or exhibits to depositions that reveal

24 Protected Material may be separately bound by the court reporter and may not be

25 disclosed to anyone except as permitted under this Stipulated Protective Order; and

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

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

28 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED

1 PRODUCED IN OTHER LITIGATION

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

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

4 “CONFIDENTIAL,” that Party must:

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

6 include a copy of the subpoena or court order;

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

8 issue in the other litigation that some or all of the material covered by the subpoena or

9 order is subject to this Protective Order. Such notification shall include a copy of this

10 Stipulated Protective Order; and

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

12 by the Designating Party whose Protected Material may be affected.

13 If the Designating Party timely seeks a protective order, the Party served with

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

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

16 or order issued, unless the Party has obtained the Designating Party’s permission. The

17 Designating Party shall bear the burden and expense of seeking protection in that court

18 of its confidential material and nothing in these provisions should be construed as

19 authorizing or encouraging a Receiving Party in this Action to disobey a lawful

20 directive from another court.

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

22 PRODUCED IN THIS LITIGATION

23 9.1 Application. The terms of this Stipulated Protective Order are applicable

24 to information produced by a Non-Party in this Action and designated as

25 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with

26 this litigation is protected by the remedies and relief provided by this Order. Nothing

27 in these provisions should be construed as prohibiting a Non-Party from seeking

28 additional protections.

1 9.2 Notification. In the event that a Party is required, by a valid discovery

2 request, to produce a Non-Party’s confidential information in its possession, and the

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

4 confidential information, then the Party shall:

5 (a) promptly notify in writing the Requesting Party and the Non-Party that

6 some or all of the information requested is subject to a confidentiality agreement with

7 a Non-Party;

8 (b) make the information requested available for inspection by the Non-Party,

9 if requested.

10 9.3 Conditions of Production. If the Non-Party fails to seek a protective order

11 from this court within 14 days of receiving the notice and accompanying information,

12 the Receiving Party may produce the Non-Party’s confidential information responsive

13 to the discovery request. If the Non-Party timely seeks a protective order, the

14 Receiving Party shall not produce any information in its possession or control that is

15 subject to the confidentiality agreement with the Non-Party before a determination by

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

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

18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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

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

22 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve

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

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

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

26 Bound” (Exhibit A).

27 / / /

28 / / /

1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

2 PROTECTED MATERIAL

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

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

5 the obligations of the Receiving Parties are those set forth in Rule 26(b)(5)(B) of the

6 Federal Rules of Civil Procedure. This provision is not intended to modify whatever

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

8 without prior privilege review. Pursuant to Rules 502(d) and (e) of the Federal Rules

9 of Evidence, insofar as the parties reach an agreement on the effect of disclosure of a

10 communication or information covered by the attorney-client privilege or work product

11 protection, the parties may incorporate their agreement in the stipulated protective

12 order submitted to the court.

13 12. CLAWBACK PROVISIONS

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

15 electronically stored information (ESI) or information, whether inadvertent or

16 otherwise, is not a waiver of the privilege or protection from discovery in this case or

17 in any other federal or state proceeding.

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

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

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

21 event of any subsequent conflict of law, the law that is most protective of privilege and

22 work product shall apply.

23 Nothing contained herein is intended to or shall serve to limit a party’s right to

24 conduct a review of documents, ESI or information (including metadata) for relevance,

25 responsiveness and/or segregation of privileged and/or protected information before

26 production.

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

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

1 shall immediately sequester the document or information, cease using the document or

2 information and cease using any work product containing the information, and shall

3 inform the producing party of the beginning BATES number of the document or, if no

4 BATES number is available, shall otherwise inform the producing party of the

5 information.

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

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

8 or information (a “clawback request”). After a clawback request is received, the

9 receiving party shall immediately sequester the document (if not already sequestered)

10 and shall not review or use that document, or any work product containing information

11 taken from that document, for any purpose. The parties shall meet and confer regarding

12 any clawback request.

13 13. MISCELLANEOUS

14 13.1 Right to Further Relief. Nothing in this Stipulated Protective Order

15 abridges the right of any person to seek its modification by the court in the future.

16 13.2 Right to Assert Other Objections. By stipulating to the entry of this

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

18 to 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 Stipulated Protective

21 Order.

22 13.3 Filing Protected Material. A Party that seeks to file under seal any

23 Protected Material must comply with Local Rule 79-5. Protected Material may only be

24 filed under seal pursuant to a court order authorizing the sealing of the specific

25 Protected Material at issue. If a Party's request to file Protected Material under seal is

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

27 record unless otherwise instructed by the court.

28 \ \ \

1 14. FINAL DISPOSITION

2 After the Final Disposition of this Action, as defined in paragraph 4, within 60

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

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

5 subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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

7 Material. Whether the Protected Material is returned or destroyed, the Receiving Party

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

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

10 category, where appropriate) all the Protected Material that was returned or destroyed

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

12 compilations, summaries or any other format reproducing or capturing any of the

13 Protected Material. Notwithstanding this provision, Counsel is entitled to retain an

14 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

15 legal memoranda, correspondence, deposition and trial exhibits, expert reports,

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

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

18 Protected Material remain subject to this Protective Order as set forth in Section 4.

19 \ \ \

20 \ \ \

21 \ \ \

22 \ \ \

23 \ \ \

24 \ \ \

25 \ \ \

26 \ \ \

27 \ \ \

28 \ \ \

1/15. VIOLATION

2 Any violation of this Stipulated Protective Order may be punished by any and

3 appropriate measures including, without limitation, contempt proceedings and/or

4 ||monetary sanctions.

5

6 | IT ISSO STIPULATED, THROUGH COUNSEL OF RECORD.

7

8 || DATED: October 9, 2025 DOWNTOWN L.A. LAW GROUP

9

10

11 By: _/s/Stephen J. Duron

STEPHEN J. DURON

12 LILIUOKALANI MARTIN

MAE-ELAINE Q. DELO SANTO

13 Attorneys for Plaintiff

4 KENNETH PRADO

15

16

DATED: October 9, 2025 BUCHANAN INGERSOLL & ROONEY LLP

7

18

19

By: /s/Daniel C. Pierce

20 JASON E. MURTAGH

MARY R. HACKETT

21 /S/DANIEL C. PIERCE

Attorneys for Defendant

22 WAL-MART ASSOCIATES, INC.

23

74 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

25

ey

97 | DATED: October 22, 2025

HON. SHERI PYM

28 United States Magistrate Judge

1 EXHIBIT A

2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

4 I, [full name], of

5 || [full address], declare under penalty of perjury that I have read in its entirety and

6 || understand the Stipulated Protective Order that was issued by the United States District

7 ||Court for the Central District of California on [date] in the case of Kenneth Prado v.

8 || Wal-Mart Associates, Inc. et al., Case No.: 5:25—cv—02313-MWC-SP. I agree to

9 || comply with and to be bound by all the terms of this Stipulated Protective Order and I

10 |} understand and acknowledge that failure to so comply could expose me to sanctions

11 |}and punishment in the nature of contempt. I solemnly promise that I will not disclose

12 || in any manner any information or item that is subject to this Stipulated Protective Order

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

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

15 || for the Central District of California for the purpose of enforcing the terms of this

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

17 ||termination of this action. I hereby appoint [full

18 |name] of [full address and

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

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

21 || Order.

22 || Date:

23 || City and State where signed:

24

25 || Printed name:

26

27 || Signature:

28