Dawnett Mitchell v. Walmart Inc.

Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 1 of 16 Page ID #:119 1 Andrew O. Smith, Esq., SBN 217538 Flora Ruoyu Li, Esq., SBN 337817 2 PETTIT KOHN INGRASSIA LUTZ & DOLIN PC 5901 West Century Boulevard, Suite 1100 3 Los Angeles, California 90045 Tel: (310) 649-5772 4 Fax: (310) 649-5777 Email: aosmith@pettitkohn.com 5 fli@pettitkohn.com 6 Attorneys for Defendant WALMART INC. [7] 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 10 DAWNETT MITCHELL, Case No. 2:22-cv-07916-DMG (PDx) 11 Plaintiff, STIPULATED PROTECTIVE ORDER1 12 v. Courtroom: 8C 13 WALMART, INC. and DOES 1 to District Judge: Hon. Dolly M. Gee 20, Magistrate Judge: Hon. Patricia Donahue 14 Complaint Filed: June 2, 2022 Defendants. Trial: Not set [15] 16 1. A. PURPOSES AND LIMITATIONS 17 Discovery in this action is likely to involve production of confidential, 18 proprietary, or private information for which special protection from public 19 disclosure and from use for any purpose other than prosecuting this litigation may 20 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 21 enter the following Stipulated Protective Order. The parties acknowledge that this 22 Order does not confer blanket protections on all disclosures or responses to 23 discovery and that the protection it affords from public disclosure and use extends 24 only to the limited information or items that are entitled to confidential treatment 25 under the applicable legal principles. 26 /// [28] 1This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Patricia Donahue’s procedures. [1] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 2 of 16 Page ID #:120 1 B. GOOD CAUSE STATEMENT 2 This action is likely to involve trade secrets, customer and pricing lists, 3 company confidential policies and procedures, employee’s personal information 4 and other valuable research, development, commercial, financial, technical and/or 5 proprietary information for which special protection from public disclosure and 6 from use for any purpose other than prosecution of this action is warranted. Such 7 confidential and proprietary materials and information consist of, among other 8 things, confidential business or financial information, information regarding 9 confidential business practices, or other confidential research, development, or 10 commercial information (including information implicating privacy rights of third 11 parties), information otherwise generally unavailable to the public, or which may 12 be privileged or otherwise protected from disclosure under state or federal statutes, 13 court rules, case decisions, or common law. 14 Accordingly, to expedite the flow of information, to facilitate the prompt 15 resolution of disputes over confidentiality of discovery materials, to adequately 16 protect information the parties are entitled to keep confidential, to ensure that the 17 parties are permitted reasonable necessary uses of such material in preparation for 18 and in the conduct of trial, to address their handling at the end of the litigation, and 19 serve the ends of justice, a protective order for such information is justified in this 20 matter. It is the intent of the parties that information will not be designated as 21 confidential for tactical reasons and that nothing be so designated without a 22 good faith belief that it has been maintained in a confidential, non-public manner, 23 and there is good cause why it should not be part of the public record of this case. 24 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 25 SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that 27 this Stipulated Protective Order does not entitle them to file confidential 28 information under seal; Local Civil Rule 79-5 sets forth the procedures that must [2] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 3 of 16 Page ID #:121 1 be followed and the standards that will be applied when a party seeks permission 2 from the court to file material under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, 5 good cause must be shown to support a filing under seal. See Kamakana v. City 6 and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. 7 Motors Corp., 307 F.3d 1206 , 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony 8 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 9 orders require good cause showing), and a specific showing of good cause or 10 compelling reasons with proper evidentiary support and legal justification, must be 11 made with respect to Protected Material that a party seeks to file under seal. The 12 parties’ mere designation of Disclosure or Discovery Material as 13 CONFIDENTIAL does not—without the submission of competent evidence by 14 declaration, establishing that the material sought to be filed under seal qualifies as 15 confidential, privileged, or otherwise protectable—constitute good cause. 16 Further, if a party requests sealing related to a dispositive motion or trial, 17 then compelling reasons, not only good cause, for the sealing must be shown, and 18 the relief sought shall be narrowly tailored to serve the specific interest to be 19 protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 20 2010). For each item or type of information, document, or thing sought to be filed 21 or introduced under seal in connection with a dispositive motion or trial, the party 22 seeking protection must articulate compelling reasons, supported by specific facts 23 and legal justification, for the requested sealing order. Again, competent evidence 24 supporting the application to file documents under seal must be provided by 25 declaration. 26 Any document that is not confidential, privileged, or otherwise protectable 27 in its entirety will not be filed under seal if the confidential portions can be 28 redacted. If documents can be redacted, then a redacted version for public viewing, [3] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 4 of 16 Page ID #:122 1 omitting only the confidential, privileged, or otherwise protectable portions of the 2 document, shall be filed. Any application that seeks to file documents under seal in 3 their entirety should include an explanation of why redaction is not feasible. 4 2. DEFINITIONS 5 2.1 Action: Dawnett Mitchell v. Walmart, Inc., et al., Case No. 6 2:22-cv-07916-DM (PDx). 7 2.2 Challenging Party: a Party or Non-Party that challenges 8 the designation of information or items under this Order. 9 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 10 how it is generated, stored or maintained) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 the Good Cause Statement. 13 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 14 their support staff). 15 2.5 Designating Party: a Party or Non-Party that designates information 16 or items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 2.6 Disclosure or Discovery Material: all items or information, regardless 19 of the medium or manner in which it is generated, stored, or maintained 20 (including, among other things, testimony, transcripts, and tangible things), that 21 are produced or generated in disclosures or responses to discovery in this matter. 22 2.7 Expert: a person with specialized knowledge or experience in a matter 23 pertinent to the litigation who has been retained by a Party or its counsel to serve 24 as an expert witness or as a consultant in this Action. 25 2.8 House Counsel: attorneys who are employees of a party to this 26 Action. House Counsel does not include Outside Counsel of Record or any other 27 outside counsel. 28 /// [4] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 5 of 16 Page ID #:123 1 2.9 Non-Party: any natural person, partnership, corporation, association, 2 or other legal entity not named as a Party to this action. 3 2.10 Outside Counsel of Record: attorneys who are not employees of a 4 party to this Action but are retained to represent or advise a party to this Action 5 and have appeared in this Action on behalf of that party or are affiliated with a law 6 firm which has appeared on behalf of that party, and includes support staff. 7 2.11 Party: any party to this Action, including all of its officers, directors, 8 employees, consultants, retained experts, and Outside Counsel of Record (and 9 their support staffs). 10 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 11 Discovery Material in this Action. 12 2.13 Professional Vendors: persons or entities that provide litigation 13 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 14 demonstrations, and organizing, storing, or retrieving data in any form or medium) 15 and their employees and subcontractors. 16 2.14 Protected Material: any Disclosure or Discovery Material that is 17 designated as “CONFIDENTIAL.” 18 2.15 Receiving Party: a Party that receives Disclosure or Discovery 19 Material from a Producing Party. 20 3. SCOPE 21 The protections conferred by this Stipulation and Order cover not only 22 Protected Material (as defined above), but also (1) any information copied or 23 extracted from Protected Material; (2) all copies, excerpts, summaries, or 24 compilations of Protected Material; and (3) any testimony, conversations, or 25 presentations by Parties or their Counsel that might reveal Protected Material. 26 Any use of Protected Material at trial shall be governed by the orders of the 27 trial judge. This Order does not govern the use of Protected Material at trial. 28 /// [5] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 6 of 16 Page ID #:124 1 4. DURATION 2 FINAL DISPOSITION of the action is defined as the conclusion of any 3 appellate proceedings, or, if no appeal is taken, when the time for filing of an 4 appeal has run. Except as set forth below, the terms of this protective order apply 5 through FINAL DISPOSITION of the action. The parties may stipulate that they 6 will be contractually bound by the terms of this agreement beyond FINAL 7 DISPOSITION, but will have to file a separate action for enforcement of the 8 agreement once all proceedings in this case are complete. 9 ONCE A CASE PROCEEDS TO TRIAL, INFORMATION THAT WAS 10 DESIGNATED AS CONFIDENTIAL OR MAINTAINED PURSUANT TO THIS 11 PROTECTIVE ORDER USED OR INTRODUCED AS AN EXHIBIT AT TRIAL 12 BECOMES PUBLIC AND WILL BE PRESUMPTIVELY AVAILABLE TO 13 ALL MEMBERS OF THE PUBLIC, INCLUDING THE PRESS, UNLESS 14 COMPELLING REASONS SUPPORTED BY SPECIFIC FACTUAL FINDINGS 15 TO PROCEED OTHERWISE ARE MADE TO THE TRIAL JUDGE IN 16 ADVANCE OF THE TRIAL. SEE KAMAKANA, 447 F.3D AT 1180-81 17 (DISTINGUISHING “GOOD CAUSE” SHOWING FOR SEALING 18 DOCUMENTS PRODUCED IN DISCOVERY FROM “COMPELLING 19 REASONS” STANDARD WHEN MERITS-RELATED DOCUMENTS ARE 20 PART OF COURT RECORD). ACCORDINGLY, FOR SUCH MATERIALS, 21 THE TERMS OF THIS PROTECTIVE ORDER DO NOT EXTEND BEYOND 22 THE COMMENCEMENT OF THE TRIAL. 23 5. DESIGNATING PROTECTED MATERIAL 24 5.1 Exercise of Restraint and Care in Designating Material for Protection. 25 Each Party or Non-Party that designates information or items for protection under 26 this Order must take care to limit any such designation to specific material that 27 qualifies under the appropriate standards. The Designating Party must designate 28 for protection only those parts of material, documents, items, or oral or written [6] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 7 of 16 Page ID #:125 1 communications that qualify so that other portions of the material, documents, 2 items, or communications for which protection is not warranted are not swept 3 unjustifiably within the ambit of this Order. 4 Mass, indiscriminate, or routinized designations are prohibited. 5 Designations that are shown to be clearly unjustified or that have been made for an 6 improper purpose (e.g., to unnecessarily encumber the case development process 7 or to impose unnecessary expenses and burdens on other parties) may expose the 8 Designating Party to sanctions. 9 If it comes to a Designating Party’s attention that information or items that it 10 designated for protection do not qualify for protection, that Designating Party must 11 promptly notify all other Parties that it is withdrawing the inapplicable 12 designation. 13 5.2 Manner and Timing of Designations. Except as otherwise provided in 14 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 15 stipulated or ordered, Disclosure or Discovery Material that qualifies for 16 protection under this Order must be clearly so designated before the material is 17 disclosed or produced. 18 Designation in conformity with this Order requires: 19 (a) for information in documentary form (e.g., paper or electronic 20 documents, but excluding transcripts of depositions or other pretrial or trial 21 proceedings), that the Producing Party affix at a minimum, the legend 22 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 23 contains protected material. If only a portion or portions of the material on a page 24 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 A Party or Non-Party that makes original documents available for 27 inspection need not designate them for protection until after the inspecting Party 28 has indicated which documents it would like copied and produced. During the [7] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 8 of 16 Page ID #:126 1 inspection and before the designation, all of the material made available for 2 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 3 identified the documents it wants copied and produced, the Producing Party must 4 determine which documents, or portions thereof, qualify for protection under this 5 Order. Then, before producing the specified documents, the Producing Party must 6 affix the “CONFIDENTIAL legend” to each page that contains Protected Material. 7 If only a portion or portions of the material on a page qualifies for protection, the 8 Producing Party also must clearly identify the protected portion(s) (e.g., by making 9 appropriate markings in the margins). 10 (b) for testimony given in depositions that the Designating Party identify 11 the Disclosure or Discovery Material on the record, before the close of the 12 deposition all protected testimony. 13 (c) for information produced in some form other than documentary and 14 for any other tangible items, that the Producing Party affix in a prominent place on 15 the exterior of the container or containers in which the information is stored the 16 legend “CONFIDENTIAL.” If only a portion or portions of the information 17 warrants protection, the Producing Party, to the extent practicable, shall identify the 18 protected portion(s). 19 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 20 failure to designate qualified information or items does not, standing alone, waive 21 the Designating Party’s right to secure protection under this Order for such 22 material. Upon timely correction of a designation, the Receiving Party must make 23 reasonable efforts to assure that the material is treated in accordance with the 24 provisions of this Order. 25 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 26 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 27 designation of confidentiality at any time that is consistent with the Court’s 28 Scheduling Order. [8] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 9 of 16 Page ID #:127 1 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 2 resolution process under Local Rule 37.1 et seq. 3 6.3 The burden of persuasion in any such challenge proceeding shall be 4 on the Designating Party. Frivolous challenges, and those made for an improper 5 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 6 parties) may expose the Challenging Party to sanctions. Unless the Designating 7 Party has waived or withdrawn the confidentiality designation, all parties shall 8 continue to afford the material in question the level of protection to which it is 9 entitled under the Producing Party’s designation until the Court rules on the 10 challenge. 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 12 7.1 Basic Principles. A Receiving Party may use Protected Material that 13 is disclosed or produced by another Party or by a Non-Party in connection with 14 this Action only for prosecuting, defending, or attempting to settle this Action. 15 Such Protected Material may be disclosed only to the categories of persons and 16 under the conditions described in this Order. When the Action has been 17 terminated, a Receiving Party must comply with the provisions of section 13 below 18 (FINAL DISPOSITION). 19 Protected Material must be stored and maintained by a Receiving Party at a 20 location and in a secure manner that ensures that access is limited to the persons 21 authorized under this Order. 22 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 23 otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving Party may disclose any information or item designated 25 “CONFIDENTIAL” only to: 26 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 27 well as employees of said Outside Counsel of Record to whom it is reasonably 28 necessary to disclose the information for this Action; [9] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 10 of 16 Page ID #:128 1 (b) the officers, directors, and employees (including House Counsel) of 2 the Receiving Party to whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4 disclosure is reasonably necessary for this Action and who have signed the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters and their staff; 8 (f) professional jury or trial consultants, mock jurors, and Professional 9 Vendors to whom disclosure is reasonably necessary for this Action and who have 10 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (g) the author or recipient of a document containing the information or a 12 custodian or other person who otherwise possessed or knew the information; 13 (h) during their depositions, witnesses ,and attorneys for witnesses, in the 14 Action to whom disclosure is reasonably necessary provided: (1) the deposing 15 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 16 they will not be permitted to keep any confidential information unless they sign 17 the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 18 agreed by the Designating Party or ordered by the court. Pages of transcribed 19 deposition testimony or exhibits to depositions that reveal Protected Material may 20 be separately bound by the court reporter and may not be disclosed to anyone 21 except as permitted under this Stipulated Protective Order; and 22 (i) any mediator or settlement officer, and their supporting personnel, 23 mutually agreed upon by any of the parties engaged in settlement discussions. 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 25 IN OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation 27 that compels disclosure of any information or items designated in this Action as 28 “CONFIDENTIAL,” that Party must: [10] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 11 of 16 Page ID #:129 1 (a) promptly notify in writing the Designating Party. Such notification 2 shall include a copy of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order 4 to issue in the other litigation that some or all of the material covered by the 5 subpoena or order is subject to this Protective Order. Such notification shall 6 include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be [7] pursued by the Designating Party whose Protected Material may be affected. [8] If the Designating Party timely seeks a protective order, the Party served [9] with the subpoena or court order shall not produce any information designated in [10] this action as “CONFIDENTIAL” before a determination by the court from which [11] the subpoena or order issued, unless the Party has obtained the Designating Party’s [12] permission. The Designating Party shall bear the burden and expense of seeking [13] protection in that court of its confidential material and nothing in these provisions [14] should be construed as authorizing or encouraging a Receiving Party in this Action [15] to disobey a lawful directive from another court. [16] 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE [17] PRODUCED IN THIS LITIGATION [18] 19 (a) The terms of this Order are applicable to information produced by a 20 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 21 produced by Non-Parties in connection with this litigation is protected by the 22 remedies and relief provided by this Order. Nothing in these provisions should be 23 construed as prohibiting a Non-Party from seeking additional protections. 24 (b) In the event that a Party is required, by a valid discovery request, to 25 produce a Non-Party’s confidential information in its possession, and the Party is 26 subject to an agreement with the Non-Party not to produce the Non-Party’s 27 confidential information, then the Party shall: 28 /// [11] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 12 of 16 Page ID #:130 1 (1) promptly notify in writing the Requesting Party and the Non2 Party that some or all of the information requested is subject to a confidentiality 3 agreement with a Non-Party; 4 (2) promptly provide the Non-Party with a copy of the Stipulated 5 Protective Order in this Action, the relevant discovery request(s), and a reasonably 6 specific description of the information requested; and 7 (3) make the information requested available for inspection by the 8 Non-Party, if requested. 9 (c) If the Non-Party fails to seek a protective order from this court within 10 14 days of receiving the notice and accompanying information, the Receiving 11 Party may produce the Non-Party’s confidential information responsive to the 12 discovery request. If the Non-Party timely seeks a protective order, the Receiving 13 Party shall not produce any information in its possession or control that is subject 14 to the confidentiality agreement with the Non-Party before a determination by the 15 court. Absent a court order to the contrary, the Non-Party shall bear the burden and 16 expense of seeking protection in this court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has 19 disclosed Protected Material to any person or in any circumstance not authorized 20 under this Stipulated Protective Order, the Receiving Party must immediately (a) 21 notify in writing the Designating Party of the unauthorized disclosures, (b) use its 22 best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 23 the person or persons to whom unauthorized disclosures were made of all the 24 terms of this Order, and (d) request such person or persons to execute the 25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit 26 A. 27 /// 28 /// [12] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 13 of 16 Page ID #:131 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 5 protection, the obligations of the Receiving Parties are those set forth in Federal 6 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 7 whatever procedure may be established in an e-discovery order that provides for 8 production without prior privilege review. Pursuant to Federal Rule of Evidence 9 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 10 of a communication or information covered by the attorney-client privilege or 11 work product protection, the parties may incorporate their agreement in the 12 stipulated protective order submitted to the court. 13 12. MISCELLANEOUS 14 12.1 Right to Further Relief. Nothing in this Order abridges the right of 15 any person to seek its modification by the Court in the future. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in 19 this Stipulated Protective Order. Similarly, no Party waives any right to object on 20 any ground to use in evidence of any of the material covered by this Protective 21 Order. 22 12.3 Filing Protected Material. A Party that seeks to file under seal any 23 Protected Material must comply with Civil Local Rule 79-5. Protected Material 24 may only be filed under seal pursuant to a court order authorizing the sealing of 25 the specific Protected Material at issue. If a Party's request to file Protected 26 Material under seal is denied by the court, then the Receiving Party may file the 27 information in the public record unless otherwise instructed by the court. 28 /// [13] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 14 of 16 Page ID #:132 1 13. FINAL DISPOSITION 2 After the final disposition of this Action, as defined in paragraph 4, within 3 60 days of a written request by the Designating Party, each Receiving Party must 4 return all Protected Material to the Producing Party or destroy such material. As 5 used in this subdivision, “all Protected Material” includes all copies, abstracts, 6 compilations, summaries, and any other format reproducing or capturing any of 7 the Protected Material. Whether the Protected Material is returned or destroyed, 8 the Receiving Party must submit a written certification to the Producing Party 9 (and, if not the same person or entity, to the Designating Party) by the 60 day 10 deadline that (1) identifies (by category, where appropriate) all the Protected 11 Material that was returned or destroyed and (2) affirms that the Receiving Party 12 has not retained any copies, abstracts, compilations, summaries or any other 13 format reproducing or capturing any of the Protected Material. Notwithstanding 14 this provision, Counsel are entitled to retain an archival copy of all pleadings, 15 motion papers, trial, deposition, and hearing transcripts, legal memoranda, 16 correspondence, deposition and trial exhibits, expert reports, attorney work 17 product, and consultant and expert work product, even if such materials contain 18 Protected Material. Any such archival copies that contain or constitute Protected 19 Material remain subject to this Protective Order as set forth in Section 4 20 (DURATION). 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// [14] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document16 Filed 12/16/22 Page 15o0f16 Page ID #:133 1) 14. Any violation of this Order may be punished by any and all appropriate 2 | measures including, without limitation, contempt proceedings and/or monetary 3 | sanctions. 4 | ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 | DATED: 12 ye / Zoe THE CAPITAL LAW FIRM 9 ; Joshua J. Zokaee sq. 10 pitemers for Plaintiff DA TT MITCHELL [11] 12 | DATED: December 16, 2022 13 | PETTIT KOHN INGRASSIA LUTZ & DOLIN PC 14 rq ) [15] Andrew O Smith, Esq. 16 | Flora Ruoyu Li, Esq. atomeys ter Defendant 17 | WAL T INC. 18 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. [19] DATED: December 16, 2022 [20] 21 Pitisera Denahia 22 | The Honorable Patricia Donahue United States Magistrate Judge [28] 2354-9578 15 CASE NO. 2:22-CV-07916-DMG (PDx) Case 2:22-cv-07916-DMG-PD Document 16 Filed 12/16/22 Page 16 of 16 Page ID #:134 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 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of 7 California on _______________________ in the case of Dawnett Mitchell v. 8 Walmart, Inc., et al., Case No. 2:22-CV-07916-DMG (PDx). I agree to comply 9 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 11 sanctions and punishment in the nature of contempt. I solemnly promise that I will 12 not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance 14 with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District 16 Court for the Central District of California for the purpose of enforcing the terms 17 of this Stipulated Protective Order, even if such enforcement proceedings occur 18 after termination of this action. I hereby appoint ________________________ 19 [print or type full name] of _________ [print or type full address and telephone 20 number] as my California agent for service of process in connection with this 21 action or any proceedings related to enforcement of this Stipulated Protective 22 Order. [23] Date: __________________________ [24] City and State where sworn and signed: _____________________________ [25] Printed name: ____________________________________ [26] Signature: ________________________________ [16] 2354-9578 STIPULATED PROTECTIVE ORDER CASE NO. 2:22-CV-07916-DMG (PDx)