distinguishing “good cause” showing 11 for sealing documents produced in discovery from “compelling reasons” standard 12 when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing 11 for sealing documents produced in discovery from “compelling reasons” standard 12 when merits-related documents are part of court record
- even stipulated protective orders 15 require good cause showing
Written by the judges who cited it.
The opinion
Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 1 of 16 Page ID #:104
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 SOUTHERN DIVISION
11
PAULA ANTUNEZ, Case No.: 8;22-cv-01904-JWH-JDE
12
Plaintiff,
13 STIPULATED PROTECTIVE ORDER
v.
14
DOLLAR TREE STORES, INC. and
15 DOES 1 To 25, inclusive,
16 Defendants.
17
18 Pursuant to the Stipulation (Dkt. 12) by and between Plaintiff Paula Antunez
19 (“Plaintiff”) and Defendant Dollar Tree Stores, Inc. (“Defendant”), and for good cause
20 shown, the Court finds and orders as follows.
21 1. PURPOSES AND LIMITATIONS
22 Discovery in this action is likely to involve production of confidential,
23 proprietary or private information for which special protection from public disclosure
24 and from use for any purpose other than pursuing this litigation may be warranted.
25 Accordingly, the parties hereby stipulate to and petition the Court to enter the
26 following Stipulated Protective Order. The parties acknowledge that this Order does
27 not confer blanket protections on all disclosures or responses to discovery and that the
28 protection it affords from public disclosure and use extends only to the limited
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STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 2 of 16 Page ID #:105
1 information or items that are entitled to confidential treatment under the applicable
2 legal principles.
3 2. GOOD CAUSE STATEMENT
4 This action is likely to involve trade secrets, customer and pricing lists and other
5 valuable research, development, commercial, financial, technical and/or proprietary
6 information for which special protection from public disclosure and from use for any
7 purpose other than prosecution of this action is warranted.
8 In the instant matter, Defendant Dollar Tree Stores, Inc.’s Confidential
9 Documents contain proprietary and confidential trade secret information relating to
10 Defendant Dollar Tree Stores, Inc.’s business practices and its safety protocol.
11 Defendant Dollar Tree Stores, Inc. (“Defendant” or “Dollar Tree”) derives
12 independent economic value from maintaining the confidentiality of the policies and
13 procedures set forth in these Confidential Documents.
14 Defendant is a retailer in the home goods industry. The home goods industry is
15 very competitive. As a result of years of investing time and money in research and
16 investigation, Defendant developed the policies contained in the Confidential
17 Documents for the purposes of maintaining the security and accessibility of its
18 merchandise, providing quality customer service, and ensuring the safety of its
19 employees and customers. These policies and procedures, as memorialized in the
20 Confidential Documents, were created and generated by Dollar Tree for Dollar Tree,
21 and are used for the purposes of maintaining safety at its stores and creating efficient
22 and organized work environments for its employees. As a result, Defendant is able to
23 minimize the waste of any resources, which is a key factor in generating profitability
24 for its business.
25 Defendant derives economic value from maintaining the secrecy of its
26 Confidential Documents. If disclosed to the public, the trade secret information
27 contained in Defendant’s Confidential Documents would reveal Defendant’s internal
28 operations and could potentially be used by competitors as a means to compete for its
- 2 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 customers, interfere with its business plans and thereby gain unfair business
2 advantages. If Defendant’s safety protocol were revealed to the general public, it
3 would hinder Defendant’s ability to effectively resolve and minimize liability claims,
4 and its goal of protecting its customers and employees from theft and other crimes.
5 Unrestricted or unprotected disclosure of such information would result in prejudice
6 or harm to Defendant by revealing Dollar Tree’s competitive confidential information,
7 which has been developed at the expense of Dollar Tree and which represents valuable
8 tangible and intangible assets.
9 Defendant’s employee/personnel files and records are confidential records,
10 subject to the privacy rights of the employees. Defendant’s employees have a
11 fundamentally protected right to privacy under both our state and federal Constitutions
12 which enjoys special safeguard from governmental interference. Cal. Const., art. I, §§
13 1, 2, 3; U.S. Const., 1st Amend. California law provides protections for parties when
14 their private information is subpoenaed, even when the information sought is relevant
15 and not privileged. Defendant’s employee/personnel records and the information
16 contained therein, such as salary data, background checks, work history, health
17 insurance information, social security number, financial information including
18 sensitive tax information, and wage information are highly sensitive, the disclosure of
19 which would be an invasion of Defendant’s employees’ right of privacy. Such
20 employee/personnel files are maintained by Defendant Dollar Tree as confidential and
21 are not disclosed or otherwise made available to the general public.
22 Accordingly, to expedite the flow of information, to facilitate the prompt
23 resolution of disputes over confidentiality of discovery materials, to adequately protect
24 information the parties are entitled to keep confidential, to ensure that the parties are
25 permitted reasonable necessary uses of such material in preparation for and in the
26 conduct of trial, to address their handling at the end of the litigation, and serve the ends
27 of justice, a protective order for such information is justified in this matter. It is the
28 intent of the parties that information will not be designated as confidential for tactical
- 3 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 reasons and that nothing be so designated without a good faith belief that it has been
2 maintained in a confidential, non-public manner, and there is good cause why it should
3 not be part of the public record of this case.
4 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
5 The parties further acknowledge, as set forth in Section 14.3, below, that this
6 Stipulated Protective Order does not entitle them to file confidential information under
7 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
8 standards that will be applied when a party seeks permission from the court to file
9 material under seal. There is a strong presumption that the public has a right of access
10 to judicial proceedings and records in civil cases. In connection with non-dispositive
11 motions, good cause must be shown to support a filing under seal. See Kamakana v.
12 City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
13 Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
14 Electrics, 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. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
26 or type of information, document, or thing sought to be filed or introduced under seal,
27 the party seeking protection must articulate compelling reasons, supported by specific
28 facts and legal justification, for the requested sealing order. Again, competent evidence
- 4 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 supporting the application to file documents under seal must be provided by
2 declaration.
3 Any document that is not confidential, privileged, or otherwise protectable in its
4 entirety 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
7 be 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 4. DEFINITIONS
10 4.1 Action: this pending federal lawsuit.
11 4.2 Challenging Party: a Party or Non-Party that challenges the designation
12 of information or items under this Order.
13 4.3 “CONFIDENTIAL” Information or Items: information (regardless of
14 how it is generated, stored or maintained) or tangible things that qualify for protection
15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
16 Statement.
17 4.4 Counsel: Outside Counsel of Record and House Counsel (and their
18 support staff).
19 4.5 Designating Party: a Party or Non-Party that designates information or
20 items that it produces in disclosures or in responses to discovery as
21 “CONFIDENTIAL.”
22 4.6 Disclosure or Discovery Material: all items or information, regardless of
23 the medium or manner in which it is generated, stored, or maintained (including,
24 among other things, testimony, transcripts, and tangible things), produced or generated
25 in disclosures or responses to discovery.
26 4.7 Expert: a person with specialized knowledge or experience in a matter
27 pertinent to the litigation who has been retained by a Party or its counsel to serve as
28 an expert witness or as a consultant in this Action.
- 5 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 4.8 House Counsel: attorneys who are employees of a party to this Action.
2 House Counsel does not include Outside Counsel of Record or any other outside
3 counsel.
4 4.9 Non-Party: any natural person, partnership, corporation, association or
5 other legal entity not named as a Party to this action.
6 4.10 Outside Counsel of Record: attorneys who are not employees of a party
7 to this Action but are retained to represent a party to this Action and have appeared
8 herein on behalf of that party or are affiliated with a law firm that has appeared on
9 behalf of that party, and includes support staff.
10 4.11 Party: any party to this Action, including all of its officers, directors,
11 employees, consultants, retained experts, and Outside Counsel of Record (and their
12 support staffs).
13 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
14 Discovery Material in this Action.
15 4.13 Professional Vendors: persons or entities that provide litigation support
16 services (e.g., photocopying, videotaping, translating, preparing exhibits or
17 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
18 their employees and subcontractors.
19 4.14 Protected Material: any Disclosure or Discovery Material that is
20 designated as “CONFIDENTIAL.”
21 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
22 from a Producing Party.
23 5. SCOPE
24 The protections conferred by this Stipulation and Order cover not only Protected
25 Material (as defined above), but also (1) any information copied or extracted from
26 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
27 Material; and (3) any testimony, conversations, or presentations by Parties or their
28 Counsel that might reveal Protected Material.
- 6 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 Any use of Protected Material at trial shall be governed by the orders of the trial
2 judge and other applicable authorities. This Order does not govern the use of Protected
3 Material at trial.
4 6. DURATION
5 Once a case proceeds to trial, information that was designated as
6 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
7 as an exhibit at trial becomes public and will be presumptively available to all
8 members of the public, including the press, unless compelling reasons supported by
9 specific factual findings to proceed otherwise are made to the trial judge in advance of
10 the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing
11 for sealing documents produced in discovery from “compelling reasons” standard
12 when merits-related documents are part of court record). Accordingly, the terms of
13 this protective order do not extend beyond the commencement of the trial.
14 7. DESIGNATING PROTECTED MATERIAL
15 7.1 Exercise of Restraint and Care in Designating Material for
16 Protection. Each Party or Non-Party that designates information or items
17 for protection under this Order must take care to limit any such designation to specific
18 material that qualifies under the appropriate standards. The Designating Party must
19 designate for protection only those parts of material, documents, items or oral or
20 written communications that qualify so that other portions of the material, documents,
21 items or communications for which protection is not warranted are not swept
22 unjustifiably within the ambit of this Order.
23 Mass, indiscriminate or routinized designations are prohibited. Designations
24 that are shown to be clearly unjustified or that have been made for an improper purpose
25 (e.g., to unnecessarily encumber the case development process or to impose
26 unnecessary expenses and burdens on other parties) may expose the Designating Party
27 to sanctions.
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STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 If it comes to a Designating Party’s attention that information or items that it
2 designated for protection do not qualify for protection, that Designating Party must
3 promptly notify all other Parties that it is withdrawing the inapplicable designation.
4 7.2 Manner and Timing of Designations. Except as otherwise provided in this
5 Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material that
6 qualifies for protection under this Order must be clearly so designated before the
7 material is disclosed or produced.
8 Designation in conformity with this Order requires:
9 (a) for information in documentary form (e.g., paper or electronic documents,
10 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
11 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
12 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
13 portion of the material on a page qualifies for protection, the Producing Party also must
14 clearly identify the protected portion(s) (e.g., by making appropriate markings).
15 A Party or Non-Party that makes original documents available for inspection
16 need not designate them for protection until after the inspecting Party has indicated
17 which documents it would like copied and produced. During the inspection and before
18 the designation, all of the material made available for inspection shall be deemed
19 “CONFIDENTIAL.” After the inspecting Party has identified the documents, it wants
20 copied and produced, the Producing Party must determine which documents, or
21 portions thereof, qualify for protection under this Order. Then, before producing the
22 specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
23 to each page that contains Protected Material. If only a portion of the material on a
24 page qualifies for protection, the Producing Party also must clearly identify the
25 protected portion(s) (e.g., by making appropriate markings in the margins).
26 (b) for testimony given in depositions that the Designating Party identifies the
27 Disclosure or Discovery Material on the record, before the close of the deposition all
28 protected testimony.
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STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 (c) for information produced in some form other than documentary and for any
2 other tangible items, that the Producing Party affix in a prominent place on the exterior
3 of the container in which the information is stored the legend “CONFIDENTIAL.” If
4 only a portion or portions of the information warrants protection, the Producing Party,
5 to the extent practicable, shall identify the protected portion(s).
6 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
7 failure to designate qualified information or items does not, standing alone, waive the
8 Designating Party’s right to secure protection under this Order for such material. Upon
9 timely correction of a designation, the Receiving Party must make reasonable efforts
10 to assure that the material is treated in accordance with the provisions of this Order.
11 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
12 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
13 designation of confidentiality at any time that is consistent with the Court’s Scheduling
14 Order.
15 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
16 resolution process under Local Rule 37-1 et seq.
17 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a joint
18 stipulation pursuant to Local Rule 37-2.
19 8.4 The burden of persuasion in any such challenge proceeding shall be on the
20 Designating Party. Frivolous challenges, and those made for an improper purpose
21 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
22 expose the Challenging Party to sanctions. Unless the Designating Party has waived
23 or withdrawn the confidentiality designation, all parties shall continue to afford the
24 material in question the level of protection to which it is entitled under the Producing
25 Party’s designation until the Court rules on the challenge.
26 9. ACCESS TO AND USE OF PROTECTED MATERIAL
27 9.1 Basic Principles. A Receiving Party may use Protected Material that is
28 disclosed or produced by another Party or by a Non-Party in connection with this
- 9 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 Action only for prosecuting, defending or attempting to settle this Action. Such
2 Protected Material may be disclosed only to the categories of persons and under the
3 conditions described in this Order. When the Action has been terminated, a Receiving
4 Party must comply with the provisions of section 15 below (FINAL DISPOSITION).
5 Protected Material must be stored and maintained by a Receiving Party at a
6 location and in a secure manner that ensures that access is limited to the persons
7 authorized under this Order.
8 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
9 otherwise ordered by the court or permitted in writing by the Designating Party, a
10 Receiving Party may disclose any information or item designated
11 “CONFIDENTIAL” only to:
12 (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
14 disclose the information for this Action;
15 (b) the officers, directors, and employees (including House Counsel) of the
16 Receiving Party to whom disclosure is reasonably necessary for this Action;
17 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure
18 is reasonably necessary for this Action and who have signed the “Acknowledgment
19 and Agreement to Be Bound” (Exhibit A);
20 (d) the court and its personnel;
21 (e) court reporters and their staff;
22 (f) professional jury or trial consultants, mock jurors, and Professional Vendors
23 to whom disclosure is reasonably necessary for this Action and who have signed the
24 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 (g) the author or recipient of a document containing the information or a
26 custodian or other person who otherwise possessed or knew the information;
27 (h) during their depositions, witnesses, and attorneys for witnesses, in the
28 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
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STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
2 not be permitted to keep any confidential information unless they sign the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
4 by the Designating Party or ordered by the court. Pages of transcribed deposition
5 testimony or exhibits to depositions that reveal Protected Material may be separately
6 bound by the court reporter and may not be disclosed to anyone except as permitted
7 under this Stipulated Protective Order; and
8 (i) any mediators or settlement officers and their supporting personnel, mutually
9 agreed upon by any of the parties engaged in settlement discussions.
10 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
11 PRODUCED IN OTHER LITIGATION
12 If a Party is served with a subpoena or a court order issued in other litigation
13 that compels disclosure of any information or items designated in this Action as
14 “CONFIDENTIAL,” that Party must:
15 (a) promptly notify in writing the Designating Party. Such notification shall
16 include a copy of the subpoena or court order;
17 (b) promptly notify in writing the party who caused the subpoena or order to
18 issue in the other litigation that some or all of the material covered by the subpoena or
19 order is subject to this Protective Order. Such notification shall include a copy of this
20 Stipulated Protective Order; and
21 (c) cooperate with respect to all reasonable procedures sought to be pursued by
22 the Designating Party whose Protected Material may be affected. If the Designating
23 Party timely seeks a protective order, the Party served with the subpoena or court order
24 shall not produce any information designated in this action as “CONFIDENTIAL”
25 before a determination by the court from which the subpoena or order issued, unless
26 the Party has obtained the Designating Party’s permission. The Designating Party shall
27 bear the burden and expense of seeking protection in that court of its confidential
28 material and nothing in these provisions should be construed as authorizing or
- 11 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 encouraging a Receiving Party in this Action to disobey a lawful directive from
2 another court.
3 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
4 PRODUCED IN THIS LITIGATION
5 (a) The terms of this Order are applicable to information produced by a Non-
6 Party in this Action and designated as “CONFIDENTIAL.” Such information
7 produced by Non-Parties in connection with this litigation is protected by the remedies
8 and relief provided by this Order. Nothing in these provisions should be construed as
9 prohibiting a Non-Party from seeking additional protections.
10 (b) In the event that a Party is required, by a valid discovery request, to produce
11 a 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
13 information, then the Party shall:
14 (1) promptly notify in writing the Requesting Party and the Non-Party
15 that some or all of the information requested is subject to a confidentiality agreement
16 with a Non-Party;
17 (2) promptly provide the Non-Party with a copy of the Stipulated
18 Protective Order in this Action, the relevant discovery request(s), and a reasonably
19 specific description of the information requested; and
20 (3) make the information requested available for inspection by the Non-
21 Party, if requested.
22 (c) If the Non-Party fails to seek a protective order from this court within 14
23 days of receiving the notice and accompanying information, the Receiving Party may
24 produce the Non-Party’s confidential information responsive to the discovery request.
25 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
26 any information in its possession or control that is subject to the confidentiality
27 agreement with the Non-Party before a determination by the court. Absent a court
28
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STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 13 of 16 Page ID #:116
1 order to the contrary, the Non-Party shall bear the burden and expense of seeking
2 protection in this court of its Protected Material.
3 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
5 Protected Material to any person or in any circumstance not authorized under this
6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
9 persons to whom unauthorized disclosures were made of all the terms of this Order,
10 and (d) request such person or persons to execute the “Acknowledgment an Agreement
11 to Be Bound” attached hereto as Exhibit A.
12 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
13 PROTECTED MATERIAL
14 When a Producing Party gives notice to Receiving Parties that certain inadvertently
15 produced material is subject to a claim of privilege or other protection, the obligations
16 of the Receiving Parties are those set forth in Federal Rule of Civil\ Procedure
17 26(b)(5)(B). This provision is not intended to modify whatever procedure may be
18 established in an e-discovery order that provides for production without prior privilege
19 review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties
20 reach an agreement on the effect of disclosure of a communication or information
21 covered by the attorney-client privilege or work product protection, the parties may
22 incorporate their agreement in the stipulated protective order submitted to the court.
23 14. MISCELLANEOUS
24 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
25 person to seek its modification by the Court in the future.
26 14.2 Right to Assert Other Objections. By stipulating to the entry of this
27 Protective Order, no Party waives any right it otherwise would have to object to
28 disclosing or producing any information or item on any ground not addressed in this
- 13 -
STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
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1 Stipulated Protective Order. Similarly, no Party waives any right to object on any
2 ground to use in evidence of any of the material covered by this Protective Order.
3 14.3 Filing Protected Material. A Party that seeks to file under seal any
4 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
5 only be filed under seal pursuant to a court order authorizing the sealing of the specific
6 Protected Material. If a Party’s request to file Protected Material under seal is denied
7 by the court, then the Receiving Party may file the information in the public record
8 unless otherwise instructed by the court.
9 15. FINAL DISPOSITION
10 After the final disposition of this Action, as defined in paragraph 6, within 60
11 days of a written request by the Designating Party, each Receiving Party must return
12 all Protected Material to the Producing Party or destroy such material. As used in this
13 subdivision, “all Protected Material” includes all copies, abstracts, compilations,
14 summaries, and any other format reproducing or capturing any of the Protected
15 Material. Whether the Protected Material is returned or destroyed, the Receiving Party
16 must submit a written certification to the Producing Party (and, if not the same person
17 or entity, to the Designating Party) by the 60-day deadline that (1) identifies (by
18 category, where appropriate) all the Protected Material that was returned or destroyed
19 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
20 compilations, summaries or any other format reproducing or capturing any of the
21 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
22 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
23 legal memoranda, correspondence, deposition and trial exhibits, expert reports,
24 attorney work product, and consultant and expert work product, even if such materials
25 contain Protected Material. Any such archival copies that contain or constitute
26 Protected Material remain subject to this Protective Order as set forth in Section 6
27 (DURATION).
28 / / /
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STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE
Case 4/22-cv-01904-JWH-JDE Document Filed 12/02/22 Page 15o0f16 Page ID #:118
1 16. VIOLATION
2 Any violation of this Order may be punished by appropriate measures including,
3}| without limitation, contempt proceedings and/or monetary sanctions.
5|| FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
"|| DATED: December 02, 2022
9 /
10 JQHSVD. EARLY |
1 ted States Magistrate Judge
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STIPULATED PROTECTIVE ORDER v, Dollar Tree Stores, Ie
Case No.: 8;22-cv-01904-JWH-JDE
Case 8:22-cv-01904-JWH-JDE Document 13 Filed 12/02/22 Page 16 of 16 Page ID #:119
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, [print or type full name], of
4
_______________________________________________ [print or type full address],
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declare under penalty of perjury that I have read in its entirety and understand the
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Stipulated Protective Order that was issued by the United States District Court for the
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Central District of California on December 2, 2022, in the case of Paula Antunez v.
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Dollar Tree Stores, Inc., Case No. 8;22-cv-01904-JWH-JDE. I agree to comply with
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and to be bound by all the terms of this Stipulated Protective Order and I understand
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and acknowledge that failure to so comply could expose me to sanctions and
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punishment in the nature of contempt. I solemnly promise that I will not disclose in
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any manner any information or item that is subject to this Stipulated Protective Order
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to any person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court
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for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action.
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I hereby appoint [print or type full
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name] of [print or type
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full address and telephone number] as my California agent for service of process in
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connection with this action or any proceedings related to enforcement of this
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Stipulated Protective Order.
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Date:
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City and State where sworn and signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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STIPULATED PROTECTIVE ORDER
Antunez v. Dollar Tree Stores, Inc.
Case No.: 8;22-cv-01904-JWH-JDE