The opinion
1 |/Namvar A. Mokri, Bar No. 184912
amokngmyilip.com
2 | Jennifer M. Damon, Bar No. 115963
damon@myjllp.com
3 OKRI VANIS & JONES LLP
4100 Newport Place Drive, Suite 840
4 ||Newport Beach, CA 92660
Tel: 949.226.7040 | F: 949.226.7150
5
Attomeys for Defendant,
6 ||COSTCO WHOLESALE CORPORATION
ferroneously named and sued herein as COSTCO
7 HOLESALE CORP.
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA — WESTERN DIVISION
10
11 |}VERONICA ROMERO, Case No. 2:26-cv-03768-MCS-RAO
12 Plaintiff,
3 STIPULATED PROTECTIVE ORDER
VS.
14 ||ICOSTCO WHOLESALE CORP. and
15 DOES 1-10 INCLUSIVE,
Defendant(s).
16
17 L. A. PURPOSES AND LIMITATIONS
18 Discovery in this action is likely to involve production of confidential, proprieta:
19 || or private information for which special protection from public disclosure and from use
20 || for any purpose other than prosecuting this litigation may be warranted. Accordingly, t
21 || parties hereby stipulate to and petition the Court to enter the following Stipulated
22 || Protective Order. The parties acknowledge that this Order does not confer blanket
23 || protections on all disclosures or responses to discovery and that the protection it affords
94 || from public disclosure and use extends only to the limited information or items that are
45 || entitled to confidential treatment under the applicable legal principles.
26 B. GOOD CAUSE STATEMENT
This action is likely to involve information as to Defendant’s policies and
38 procedures and confidential and/or proprietary information for which special □□□□□□□□□□
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, || from public disclosure and from use for any purpose other than prosecution of this actic
> || 1s warranted. Such confidential and proprietary materials and information consist of,
3 || among other things, confidential business information, information regarding confident
4 business practices, or other confidential research, development, or commercial
5 information (including information implicating privacy rights of third parties),
‘ information otherwise generally unavailable to the public, or which may be privileged
otherwise protected from disclosure under state or federal statutes, court rules, case
decisions, or common law. Accordingly, to expedite the flow of information, to facilita
° the prompt resolution of disputes over confidentiality of discovery materials, to
° adequately protect information the parties are entitled to keep confidential, to ensure thé
'0 the parties are permitted reasonable necessary uses of such material in preparation for a
in the conduct of trial, to address their handling at the end of the litigation, and serve th
12 ends of Justice, a protective order for such information is justified in this matter. It is th
|) intent of the parties that information will not be designated as confidential for tactical
14 |) reasons and that nothing be so designated without a good faith belief that it has been
1 |) maintained in a confidential, non-public manner, and there is good cause why it should
16 not be part of the public record of this case.
17 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
18 The parties further acknowledge, as set forth in Section 12.3, below, that this
19 || Stipulated Protective Order does not entitle them to file confidential information under
20 || seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
21 || standards that will be applied when a party seeks permission from the court to file
22 || material under seal.
23 There is a strong presumption that the public has a right of access to judicial
34 || proceedings and records in civil cases. In connection with non-dispositive motions, □□□
45 || Cause must be shown to support a filing under seal. See Kamakana v. City and County.
Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors Corp., 307 F.3«
1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576,
38 577 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), a
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1 || @ Specific showing of good cause or compelling reasons with proper evidentiary suppor
> || and legal justification, must be made with respect to Protected Material that a party seel
3 || to file under seal. The parties’ mere designation of Disclosure or Discovery Material as
4 CONFIDENTIAL does not—without the submission of competent evidence by
5 declaration, establishing that the material sought to be filed under seal qualifies as
‘ confidential, privileged, or otherwise protectable—constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial, then
compelling reasons, not only good cause, for the sealing must be shown, and the relief
° sought shall be narrowly tailored to serve the specific interest to be protected. See Pint
° v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type
'0 of information, document, or thing sought to be filed or introduced under seal in
connection with a dispositive motion or trial, the party seeking protection must articulat
12 compelling reasons, supported by specific facts and legal justification, for the requested
13 sealing order. Again, competent evidence supporting the application to file documents
14 || under seal must be provided by declaration.
15 Any document that is not confidential, privileged, or otherwise protectable in its
entirety will not be filed under seal if the confidential portions can be redacted. If
17 || documents can be redacted, then a redacted version for public viewing, omitting only th
18 || confidential, privileged, or otherwise protectable portions of the document shall be filec
19 || Any application that seeks to file documents under seal in their entirety should include □
20 || explanation of why redaction is not feasible.
21 2. DEFINITIONS
22 2.1. Action: this pending federal lawsuit: Veronica Romero v. Costco Wholesa
23 || Corporation, et al., USDC Case No.: 2:26-cv-03768-MCS-RAO.
2.2 Challenging Party: a Party or Non-Party that challenges the designation o
45 || information or items under this Order.
26 2.3. “CONFIDENTIAL” Information or Items: information (regardless of hoy
it is generated, stored or maintained) or tangible things that qualify for protection unde
38 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
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1 || Statement.
> 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
3 || Support staff).
4 2.5 Designating Party: a Party or Non-Party that designates information or
5 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL
‘ 2.6 Disclosure or Discovery Material: all items or information, regardless of
the medium or manner in which it is generated, stored, or maintained (including, amon
' other things, testimony, transcripts, and tangible things) that are produced or generated
° in disclosures or responses to discovery in this matter.
° 2.7 Expert: a person with specialized knowledge or experience in a matter
'0 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this Action.
12 2.8 House Counsel: attorneys who are employees of a party to this Action.
!3 || House Counsel does not include Outside Counsel of Record or any other outside
14 |) counsel.
15 2.9 Non-Party: any natural person, partnership, corporation, association or
|| other legal entity not named as a Party to this action.
17 2.10 Qutside Counsel of Record: attorneys who are not employees of a party t
18 || this Action but are retained to represent or advise a party to this Action and have
19 || appeared in this Action on behalf of that party or are affiliated with a law firm that has
20 || appeared on behalf of that party, and includes support staff.
21 2.11 Party: any party to this Action, including all of its officers, directors,
22 || employees, consultants, retained experts, and Outside Counsel of Record (and their
23 || support staffs).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or
5 || Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation support
services (e.g., photocopying, videotaping, translating, preparing exhibits or
38 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
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1 || their employees and subcontractors.
> 2.14 Protected Material: any Disclosure or Discovery Material that is designat
3 || a8 “CONFIDENTIAL.”
4 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
5 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, excerpts, summaries, or compilations of Protected
° Material; and (3) any testimony, conversations, or presentations by Parties or their
'0 Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the trial
12 judge. This Order does not govern the use of Protected Material at trial.
13 4. DURATION
14 Once a case proceeds to trial, information that was designated as
13 |) CONFIDENTIAL or maintained pursuant to this protective order used or introduced as
16 || an exhibit at trial becomes public and will be presumptively available to all members of
17 || the public, including the press, unless compelling reasons supported by specific factual
18 || findings to proceed otherwise are made to the trial judge in advance of the trial. See
19 || Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
20 || documents produced in discovery from “compelling reasons” standard when merits-
21 || related documents are part of court record). Accordingly, the terms of this protective
22 || order do not extend beyond the commencement of the trial.
23 5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection. Ea
|| Party or Non-Party that designates information or items for protection under this Order
|| must take care to limit any such designation to specific material that qualifies under th
appropriate standards. The Designating Party must designate for protection only those
38 parts of material, documents, items or oral or written communications that qualify so th
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|| other portions of the material, documents, items or communications for which protectic
> || 18 not warranted are not swept unjustifiably within the ambit of this Order.
3 Mass, indiscriminate or routinized designations are prohibited. Designations tha
4 are shown to be clearly unjustified or that have been made for an improper purpose (e.g
5 to unnecessarily encumber the case development process or to impose unnecessary
‘ expenses and burdens on other parties) may expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
' designated for protection do not qualify for protection, that Designating Party must
° promptly notify all other Parties that it is withdrawing the inapplicable designation.
° 5.2. Manner and Timing of Designations. Except as otherwise provided in thi:
'0 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated ¢
ordered, Disclosure or Discovery Material that qualifies for protection under this Orde!
12 |) must be clearly so designated before the material is disclosed or produced.
13 Designation in conformity with this Order requires:
14 (a) for information in documentary form (e.g., paper or electronic documents, b
13 |) excluding transcripts of depositions or other pretrial or trial proceedings), that the
Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
17 || “CONFIDENTIAL legend”), to each page that contains protected material. If only a
18 || portion of the material on a page qualifies for protection, the Producing Party also mus
19 || clearly identify the protected portion(s) (e.g., by making appropriate markings in the
20 || margins).
21 A Party or Non-Party that makes original documents available for inspection ne«
22 || not designate them for protection until after the inspecting Party has indicated which
23 || documents it would like copied and produced. During the inspection and before the
94 || designation, all of the material made available for inspection shall be deemed
95 || CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
copied and produced, the Producing Party must determine which documents, or portion
thereof, qualify for protection under this Order. Then, before producing the specified
38 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each pag«
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, || that contains Protected Material. If only a portion of the material on a page qualifies fo
> || protection, the Producing Party also must clearly identify the protected portion(s) □□□□□□
3 by making appropriate markings in the margins).
4 (b) for testimony given in depositions that the Designating Party identifies the
5 Disclosure or Discovery Material on the record, before the close of the deposition all
‘ protected testimony.
(c) for information produced in some form other than documentary and for any
other tangible items, that the Producing Party affix in a prominent place on the exterio1
° of the container or containers in which the information is stored the legend
° “CONFIDENTIAL.” If only a portion or portions of the information warrants
'0 protection, the Producing Party, to the extent practicable, shall identify the protected
portion(s).
12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent fail
31) to designate qualified information or items does not, standing alone, waive the
14 Designating Party’s right to secure protection under this Order for such material. Upot
13 |) timely correction of a designation, the Receiving Party must make reasonable efforts tc
16 || assure that the material is treated in accordance with the provisions of this Order.
17 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
18 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
19 || designation of confidentiality at any time that is consistent with the Court’s Scheduling
20 || Order.
21 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
22 || resolution process under Local Rule 37.1 et seq.
23 6.3. The burden of persuasion in any such challenge proceeding shall be on □□□
|| Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.
45 || to harass or impose unnecessary expenses and burdens on other parties) may expose the
26 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
the confidentiality designation, all parties shall continue to afford the material in questic
38 the level of protection to which it is entitled under the Producing Party’s designation un
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1 || the Court rules on the challenge.
> 7. ACCESS TO AND USE OF PROTECTED MATERIAL
3 7.1. Basic Principles. A Receiving Party may use Protected Material that is
4 disclosed or produced by another Party or by a Non-Party in connection with this Actic
5 only for prosecuting, defending or attempting to settle this Action. Such Protected
‘ Material may be disclosed only to the categories of persons and under the conditions
described in this Order. When the Action has been terminated, a Receiving Party must
comply with the provisions of section 13 below (FINAL 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
'0 authorized under this Order.
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwis
12 ordered by the court or permitted in writing by the Designating Party, a Receiving Part
13 may disclose any information or item designated “CONFIDENTIAL” only to:
14 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
13 |) employees of said Outside Counsel of Record to whom it is reasonably necessary to
16 disclose the information for this Action;
17 (b) the officers, directors, and employees (including House Counsel) of the
18 || Receiving Party to whom disclosure is reasonably necessary for this Action;
19 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
20 || is reasonably necessary for this Action and who have signed the “Acknowledgment an
21 || Agreement to Be Bound” (Exhibit A);
22 (d) the court and its personnel;
3 (e) court reporters and their staff;
(f) professional jury or trial consultants, mock jurors, and Professional Vendors
5 || whom disclosure is reasonably necessary for this Action and who have signed the
26 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a
38 custodian or other person who otherwise possessed or knew the information;
1 (h) during their depositions, witnesses, and attorneys for witnesses, in the Actio
|| to whom disclosure is reasonably necessary provided: (1) the deposing party requests
3 that the witness sign the form attached as Exhibit A hereto; and (2) they will not be
4 permitted to keep any confidential information unless they sign the “Acknowledgment
5 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 may be separately bound by the court report
and may not be disclosed to anyone except as permitted under this Stipulated Protectiv
Order; and
° (1) any mediator or settlement officer, and their supporting personnel, mutually
'0 agreed upon by any of the parties engaged in settlement discussions.
8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCE
|? |! IN OTHER LITIGATION
13 If a Party is served with a subpoena or a court order issued in other litigation tha
14 compels disclosure of any information or items designated in this Action as
15|| “CONFIDENTIAL,” that Party must:
16 (a) promptly notify in writing the Designating Party. Such notification shall
17 || include a copy of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or order to iss
19 || in the other litigation that some or all of the material covered by the subpoena or order
20 || subject to this Protective Order. Such notification shall include a copy of this Stipulate
21 || Protective Order; and
22 (c) cooperate with respect to all reasonable procedures sought to be pursued by
93 || the Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with th
5 || subpoena or court order shall not produce any information designated in this action as
“CONFIDENTIAL” before a determination by the court from which the subpoena or
order issued, unless the Party has obtained the Designating Party’s permission. The
38 Designating Party shall bear the burden and expense of seeking protection in that court
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|| of its confidential material and nothing in these provisions should be construed as
> || authorizing or encouraging a Receiving Party in this Action to disobey a lawful directr
3 from another court.
4 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
5 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 produce
by Non-Parties in connection with this litigation is protected by the remedies and relief
° provided by this Order. Nothing in these provisions should be construed as prohibiting
° Non-Party from seeking additional protections.
'0 (b) In the event that a Party is required, by a valid discovery request, to produce
Non-Party’s confidential information in its possession, and the Party is subject to an
12 agreement with the Non-Party not to produce the Non-Party’s confidential information
then the Party shall:
14 (1) promptly notify in writing the Requesting Party and the Non-Party that □□□
15 or all of the information requested is subject to a confidentiality agreement with
16 Non-Party;
17 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
18 Order in this Action, the relevant discovery request(s), and a reasonably specific
19 description of the information requested; and
20 (3) make the information requested available for inspection by the Non-Party, 11
21 requested.
22 (c) If the Non-Party fails to seek a protective order from this court within 14 dav
93 || of receiving the notice and accompanying information, the Receiving Party may produ
94 || the Non-Party’s confidential information responsive to the discovery request. If the
5 || Non-Party timely seeks a protective order, the Receiving Party shall not produce any
26 information in its possession or control that is subject to the confidentiality agreement
with the Non-Party before a determination by the court. Absent a court order to the
38 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
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|| court of its Protected Material.
> 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
4 Protected Material to any person or in any circumstance not authorized under this
5 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
‘ the Designating Party of the unauthorized 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) reque
° such person or persons to execute the “Acknowledgment and Agreement to Be Bound’
° that is attached hereto as Exhibit A.
'0 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
| PROTECTED MATERIAL
12 When a Producing Party gives notice to Receiving Parties that certain
13 inadvertently produced material is subject to a claim of privilege or other protection, th
14 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
13 |) Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
may be established in an e-discovery order that provides for production without prior
17 || privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
18 || parties reach an agreement on the effect of disclosure of a communication or informati
19 || covered by the attorney-client privilege or work product protection, the parties may
20 || incorporate their agreement in the stipulated protective order submitted to the court.
21 12. MISCELLANEOUS
22 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
93 || 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
45 || Protective Order, no Party waives any right it otherwise would have to object to
26 disclosing or producing any information or item on any ground not addressed in this
Stipulated Protective Order. Similarly, no Party waives any right to object on any
38 ground to use in evidence of any of the material covered by this Protective Order.
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1 12.3 Filing Protected Material. A Party that seeks to file under seal any
|| Protected Material must comply with Local Civil Rule 79-5. Protected Material may
3 only be filed under seal pursuant to a court order authorizing the sealing of the specific
4 Protected Material at issue. If a Party’s request to file Protected Material under seal is
5 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
After the final disposition of this Action, as defined in paragraph 4, within 60 da
° of a written request by the Designating Party, each Receiving Party must return all
° Protected Material to the Producing Party or destroy such material. As used in this
subdivision, “all Protected Material” includes all copies, abstracts, compilations,
summaries, and any other format reproducing or capturing any of the Protected Materi:
|! Whether the Protected Material is returned or destroyed, the Receiving Party must
submit a written certification to the Producing Party (and, if not the same person or
14 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,
15 |) where appropriate) all the Protected Material that was returned or destroyed and (2)
16 || affirms that the Receiving Party has not retained any copies, abstracts, compilations,
17 || summaries or any other format reproducing or capturing any of the Protected Material.
18 || Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
19 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
20 || correspondence, deposition and trial exhibits, expert reports, attorney work product, an
21 || consultant and expert work product, even if such materials contain Protected Material.
22 || Any such archival copies that contain or constitute Protected Material remain subject t
93 || this Protective Order as set forth in Section 4 (DURATION).
a4
a5 || ///
HI
HI
38 ///
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1 14. VIOLATION
> Any violation of this Order may be punished by appropriate measures including,
3 without limitation, contempt proceedings and/or monetary sanctions.
4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
5
LAW OFFICES OF ROBIN D. PERRY
6 & ASSOCIATES
7 By:
Dated: June 30, 2026 /s/ Robin D. Perr
8 Robin D. Perry, Esq.
Attorneys for Plaintiff, VERONICA
9 ROMERO
10
1] MOKRI VANIS & JONES, LLP
Dated: July 1, 2026 By: /y Jennifer M. Damow
13 Jennifer M. Damon
14 Attorneys for Defendant, COSTCO
WHOLESALE CORPORATION
15
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
17
18 : .
DATED: 07/02/2026 Raped €. a.
19 HONORABLE ROZELLA A. OLIVER
20 UNITED STATES MAGISTRATE JUDGE
21
22
23
24
25
26
27
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of
4 || [print or type full address], declare under penalty of perjury that I have read in its
5 || entirety and understand the Stipulated Protective Order that was issued by the United
6 || States District Court for the Central District of Californiaon _[date] in the case «
7 || proceeding Veronica Romero vy. Costco Wholesale Corporation, et al., USDC Case No
g || 2:26-cv-03768-MCS-RAO. I agree to comply with and to be bound by all the terms of
g || this Stipulated Protective Order and I understand and acknowledge that failure to so
10 || comply could expose me to sanctions and punishment in the nature of contempt. I
11 || solemnly promise that I will not disclose in any manner any information or item that is
8 12 || subject to this Stipulated Protective Order to any person or entity except in strict
13 || compliance with the provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court fo:
15 || the Central District of California for enforcing the terms of this Stipulated Protective
16 || Order, even if such enforcement proceedings occur after termination of this action. I
17 || hereby appoint [print or type full name] of
18 [print or type full address and
19 || telephone number] as my California agent for service of process in connection with thi
29 || action or any proceedings related to enforcement of this Stipulated Protective Order.
21 eee
Date City and State where sworn and signed
23
24 "Signature
25 ~PrintName/Title —ss—s—SsS
26 "Address ss—“—sSSSSSSS
27 □□□□□□□□□□□□□□□□□□□□□□□□□□□□
28
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