Faison v. Walmart Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | VERNITA FAISON, Case No. 2:24-cv-01024-DJC-CSK Plaintiff, ORDER GRANTING MODIFIED B y STIPULATED PROTECTIVE ORDER 14 (ECF No. 38.) WALMART, INC., et al., 15 Defendants. 16 The Court has reviewed the parties’ stipulated protective order below (ECF No. 38), and

finds it comports with the relevant authorities and the Court’s Local Rule. See L.R. 141.1. The

19 Court APPROVES the protective order, subject to the following clarification.

50 The Court’s Local Rules indicate that once an action is closed, it “will not retain

jurisdiction over enforcement of the terms of any protective order filed in that action.” L.R.

9 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584, at *2 (E.D. 53 Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain jurisdiction for

disputes concerning protective orders after closure of the case). Thus, the Court will not retain

55 jurisdiction over this protective order once the case is closed.

26 Dated: January 31, 2025 C i s 28 4, 1024.24 CHI S00 KIM UNITED STATES MAGISTRATE JUDGE

1 |) Cortlin H. Lannin (Bar No. 266488) COVINGTON & BURLING LLP 2 || Salesforce Tower 3 || 415 Mission Street, Suite 5400 San Francisco, California 94105-2533 4 || Telephone: + 1 (415) 591-7078 Facsimile: + 1 (415) 591-6091 5 || Email: clannin@cov.com 6 Attorneys for Defendants Walmart Inc. 7 || and Wal-Mart Stores, Inc. 8 || (Additional counsel listed below) 9 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 B VERNITA FAISON, individually and as a Civil Case No.: 2:24-cv-01024-DJC (CSK) representative of all others similarly situated, i Plaintiff STIPULATED PROTECTIVE ORDER 15 V. District Judge: Hon. Daniel J. Calabretta 16 Magistrate Judge: Hon. Chi Soo Kim 7 WALMART INC. and WAL-MART STORES, INC., 18 Defendants. 19 20 21 The parties to this action, Plaintiff Vernita Faison and Defendants Walmart Inc. and Wal- 22 || Mart Stores Inc. (“Walmart”) (collectively “the parties”), by their respective counsel, hereby 23 || stipulate that the parties to this Stipulated Protective Order have agreed to the terms of this 24 || Order; accordingly, it is so ORDERED: 25 1. Scope. All materials produced or adduced in the course of discovery, 26 including initial disclosures, responses to discovery requests, deposition testimony and 27 exhibits, and information derived directly therefrom (hereinafter collectively “documents’), 28

STIPULATED PROTECTIVE ORDER

1 shall be subject to this Order concerning Confidential Information as defined below. This 2 Order is subject to the Local Rules of this District and the Federal Rules of Civil Procedure 3 on matters of procedure and calculation of time periods. 4 2. Confidential Information. As used in this Order, “Confidential Information” 5 means information designated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE 6 ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER - 7 ATTORNEYS’ EYES ONLY” by the producing party. 8 (a) “Confidential Information” means information that falls within one or 9 more of the following categories: (a) information prohibited from disclosure by statute; (b) 10 information that reveals trade secrets; (c) research, technical, commercial, or financial 1] information that the party has maintained as confidential; (d) medical information 12 concerning any individual; (e) personal identity information; (f) income tax returns (including 13 attached schedules and forms), W-2 forms, and 1099 forms; (g) personnel or employment 14 records of a person who is not a party to the case; (h) any documents relating to the claims 15 or incidents of any customers of Walmart that discloses identifying or other personal or 16 confidential information about the customer; (i) any portions of depositions (audio or video) 17 where Confidential Information is disclosed or used as exhibits; and/or (j) any other 18 information which would, in the good faith judgment of the designating party, be detrimental 19 to the conduct of that party’s business or the business of any of the party’s customers or 20 clients. 21 (6) Materials containing extremely sensitive corporate trade secrets, 22 nonpublic research, and development data, including, but not limited to, cost data, pricing 23 formulas, inventory management programs, and other sales or business information not 24 Known to the public; information obtained from a non-party pursuant to a non-disclosure 25 agreement; and customer-related Protected Data, the disclosure of which to another party or 26 non-party would create a substantial risk of serious harm that could not be avoided by less 27 28 STIPULATED PROTECTIVE ORDER

1 restrictive means, may be deemed “HIGHLY CONFIDENTIAL - SUBJECT TO 2 PROTECTIVE ORDER - ATTORNEYS’ EYES ONLY.”' 3 (c) Information or documents that are available to the public may not be 4 designated as Confidential Information. 5 3. Designation. 6 (a) A party may designate a document as Confidential Information for 7 protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT 8 TO PROTECTIVE ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ? ORDER - ATTORNEYS’ EYES ONLY” on the document and on all copies in a manner that 10 will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE 13 ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER - ATTORNEYS’ EYES ONLY” shall be applied prior to or at the time the documents are I5 produced or disclosed. Applying the marking “CONFIDENTIAL - SUBJECT TO 16 PROTECTIVE ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE V7 ORDER - ATTORNEYS’ EYES ONLY” to a document does not mean that the document 18 has any status or protection by statute or otherwise except to the extent and for the 19 purposes of this Order. Any copies that are made of any documents marked 20 “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER’ or “HIGHLY CONFIDENTIAL - 71 SUBJECT TO PROTECTIVE ORDER - ATTORNEYS’ EYES ONLY” shall also be so 22 23 || 1 Protected Data shall refer to any information that a party believes in good faith to be subject to federal, state or foreign data protection laws or other privacy obligations. Examples of such data 24 protection laws include but are not limited to The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 ef 95 || Seq. (financial information), and The Health Insurance Portability and Accountability Act and the regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 164 (medical 26 || information). Certain Protected Data may compel alternative or additional protections beyond those afforded “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER - 27 || ATTORNEYS’ EYES ONLY” material, in which event the parties shall meet and confer in good 38 faith, and, if unsuccessful, shall move the Court for appropriate relief. STIPULATED PROTECTIVE ORDER

1 marked, except that indices, electronic databases or lists of documents that do not contain 2 substantial portions or images of the text of marked documents and do not otherwise 3 disclose the substance of the Confidential Information are not required to be marked. 4 (6) The designation of a document as Confidential Information is a 5 certification by an attorney or a party appearing pro se that the document contains 6 Confidential Information as defined in this order. 7 4. Depositions. 8 Deposition testimony is protected by this Order only if designated as “CONFIDENTIAL - 9 || SUBJECT TO PROTECTIVE ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO 10 | PROTECTIVE ORDER - ATTORNEYS’ EYES ONLY’ on the record at the time the testimony is 11 || taken. Such designation shall be specific as to the portions that contain Confidential 12 || Information. Deposition testimony so designated shall be treated as Confidential Information 13 || protected by this Order until thirty (30) days after delivery of the transcript by the court reporter 14 || to any party or the witness. Within thirty (30) days after delivery of the transcript, a designating 15 || party may serve a Notice of Designation to all parties of record identifying the specific portions 16 || of the transcript that are designated Confidential Information, and thereafter those portions 17 || identified in the Notice of Designation shall be protected under the terms of this Order. The 18 || parties may jointly agree to extend this thirty (30) day deadline to serve a Notice of Designation 19 || for specific depositions. The failure to serve a timely Notice of Designation waives any 20 || designation of testimony taken in that deposition as Confidential Information, unless otherwise 21 || ordered by the Court. 22 23 attorney who reviews the documents and designates them as “CONFIDENTIAL - SUBJECT 95 || TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER - ATTORNEYS’ EYES ONLY” must be admitted to the Bar of at least one state but need 26 || not be admitted to practice in the Eastern District of California unless the lawyer is appearing generally in the case on behalf of a party. By designating documents confidential pursuant to 27 || this Order, counsel submits to the jurisdiction and sanctions of this Court on the subject matter of the designation. —_——————srpulaTeD PROTEGTIVE ORDER

1 5. Protection of Confidential Material. 2 (a) |General Protections. Confidential Information shall not be used or 3 disclosed by the parties, counsel for the parties, or any other persons identified in 4 subparagraph (b) for any purpose whatsoever other than in this litigation, including any 5 appeal thereof. In this putative class action, Confidential Information may be disclosed only 6 to the named plaintiff(s) and not to any other member of the putative class unless and until a 7 class including the putative member has been certified. 8 (6) Limited Third-Party Disclosures/Qualified Recipients of Confidential 9 Information. The parties and counsel for the parties shall not disclose or permit the 10 disclosure of any material that has been designated “CONFIDENTIAL - SUBJECT TO 1] PROTECTIVE ORDER’ to any third person or entity except as set forth in subparagraphs 12 (1)-(9): 13 (1) | Counsel. Counsel for the parties and employees of counsel who 14 have responsibility for the action; 15 (2) Parties. Individual parties and employees of a party but only to the 16 extent counsel determines in good faith that the employee’s assistance 17 is reasonably necessary to the conduct of the litigation in which the 18 information is disclosed; 19 (3) | The Court and its personnel; 20 (4) Court Reporters and Recorders. Court reporters and recorders 21 engaged for depositions; 22 (5) Contractors. Those persons specifically engaged for the limited 23 purpose of making copies of documents or organizing or processing 24 documents, including outside vendors hired to process electronically 25 stored documents; 26 (6) Consultants and Experts. Consultants, investigators, or experts 27 employed by the parties or counsel for the parties to assist in the 28 STIPULATED PROTECTIVE ORDER

1 preparation and trial of this action but only after such persons have 2 completed the certification contained in Attachment A, 3 Acknowledgment of Understanding and Agreement to Be Bound; 4 (7) | Witnesses at depositions. During their depositions, witnesses in this 5 action to whom disclosure is reasonably necessary. Witnesses shall not 6 retain a copy of documents containing Confidential Information, except 7 witnesses may receive a copy of all exhibits marked at their depositions 8 in connection with review of the transcripts. Pages of transcribed 9 deposition testimony or exhibits to depositions that are designated as 10 Confidential Information pursuant to the process set out in this Order 11 must be separately bound by the court reporter and may not be 12 disclosed to anyone except as permitted under this Order. 13 (8) Author or recipient. The author or recipient of the document (not 14 including a person who received the document in the course of 15 litigation); and 16 (9) Others by Consent. Other persons only by written consent of the 17 producing party or upon order of the Court and on such conditions as 18 may be agreed or ordered. 19 (c) Limited Third-Party Disclosures/Qualified Recipients of Highly 20 Confidential Information. The parties and counsel for the parties shall not disclose or 21 permit the disclosure of any material that has been designated “HIGHLY 22 CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER - ATTORNEYS’ EYES ONLY” 23 to any third person or entity except as set forth in subparagraphs (1)-(6): 24 (1) | Counsel. Counsel for the parties and employees of counsel who 25 have responsibility for the action; 26 (2) |The Court and its personnel: 27 28

1 (3) | Court Reporters and Recorders. Court reporters and recorders 2 engaged for depositions; 3 (4) Consultants and Experts. Consultants, investigators, or experts 4 employed by the parties or counsel for the parties to assist in the 5 preparation and trial of this action but only after such persons have 6 completed the certification contained in Attachment A, 7 Acknowledgment of Understanding and Agreement to Be Bound; 8 (5) Author or recipient. The author or recipient of the document (not 9 including a person who received the document in the course of 10 litigation); 1 (6) Others by Consent. Other persons only by written consent of the 12 producing party or upon order of the Court and on such conditions as 13 may be agreed or ordered; 14 (7) Contractors. Those persons specifically engaged for the limited 15 purpose of making copies of documents or organizing or processing 16 documents, including outside vendors hired to process electronically 17 stored documents; and 18 (8) Witnesses at depositions. During their depositions, witnesses in this 19 action to whom disclosure is reasonably necessary. Witnesses shall not 20 retain a copy of documents containing Confidential Information, except 21 witnesses may receive a copy of all exhibits marked at their depositions 22 in connection with review of the transcripts. Pages of transcribed 23 deposition testimony or exhibits to depositions that are designated as 24 Confidential Information pursuant to the process set out in this Order 25 must be separately bound by the court reporter and may not be 26 disclosed to anyone except as permitted under this Order. 27 28 STIPULATED PROTECTIVE ORDER

1 (d) Restriction on Disclosure to Direct Competitors. Notwithstanding 2 the foregoing, Confidential Material shall not be disclosed to any current or former 3 employees of, or current or former consultants, advisors, or agents of, a direct 4 competitor of any party named in the litigation unless that person is an expert or 5 consultant currently engaged by counsel for the Receiving Party in connection with this 6 action and/or is a witness at a deposition as described in subparagraph 5(c)(8) and is no 7 longer employed by, or engaging in work as a consultant, for the direct competitor. If a 8 Receiving Party is in doubt about whether a particular entity is a direct competitor of a 9 party named in this lawsuit, then before disclosing any Confidential Material to a current 10 or former employee, consultant, advisor, or agent of that entity, except as expressly 11 authorized in this subparagraph, the Receiving Party’s counsel must confer with counsel 12 for the Producing Party. 13 (e) Control of Documents. Counsel for the parties shall make 14 reasonable efforts to prevent unauthorized or inadvertent disclosure of Confidential 15 Information. Counsel shall maintain the originals of the forms signed by persons 16 acknowledging their obligations under this Order for a period of three years after the 17 termination of the case. 18 6. Inadvertent Failure to Designate. An inadvertent failure to designate a 19 document as Confidential Information does not, standing alone, waive the right to so 20 designate the document; provided, however, that a failure to serve a timely Notice of 21 Designation of deposition testimony as required by this Order, even if inadvertent, waives 22 any protection for deposition testimony. If a party designates a document as Confidential 23 Information after it was initially produced, the receiving party, on notification of the 24 designation, must make a reasonable effort to assure that the document is treated in 25 accordance with the provisions of this Order. No party shall be found to have violated this 26 Order for failing to maintain the confidentiality of material during a time when that material 27 has not been designated Confidential Information, even where the failure to so designate 28 STIPULATED PROTECTIVE ORDER

1 was inadvertent and where the material is subsequently designated Confidential 2 Information. 3 T. Filing of Confidential Information. This Order does not, by itself, authorize 4 the filing of any document under seal. Any party wishing to file a document designated as 5 Confidential Information in connection with a motion, brief, or other submission to the 6 Court must comply with the Local Rules (including L.R. 141) and Section Ill of the □□□□□□□ 7 Civil Standing Order. 8 8. No Greater Protection of Specific Documents. Except on privilege grounds 9 not addressed by this Order, no party may withhold information from discovery on the 10 ground that it requires protection greater than that afforded by this Order unless the party 1] moves for an order providing such special protection. 12 9. Challenges by a Party to Designation as Confidential Information. 13 || The designation of any material or document as Confidential Information is subject to challenge 14 || by any party. The following procedure shall apply to any such challenge. 15 (a) Meet and Confer. A party challenging the designation of Confidential 16 Information must do so in good faith and must begin the process by conferring directly with 17 counsel for the designating party. In conferring, the challenging party must explain the 18 basis for its belief that the confidentiality designation was not proper and must give the 19 designating party an opportunity to review the designated material, to reconsider the 20 designation, and, if no change in designation is offered, to explain the basis for the 21 designation. The designating party must respond to the challenge within ten (10) business days. 23 (6) Judicial Intervention. A party that elects to challenge a confidentiality 24 designation may file and serve a motion that identifies the challenged material and sets 25 forth in detail the basis for the challenge. Each such motion must be accompanied by a 26 competent declaration that affirms that the movant has complied with the meet and confer 27 requirements of this procedure. The burden of persuasion in any such challenge 28 10 STIPULATED PROTECTIVE ORDER

1 proceeding shall be on the designating party. Until the Court rules on the challenge, all 2 parties shall continue to treat the materials as Confidential Information under the terms of 3 this Order. 4 10. Action by the Court. Applications to the Court for an order relating to 5 materials or documents designated Confidential Information shall be by motion. Nothing 6 in this Order or any action or agreement of a party under this Order limits the Court's 7 power to make orders concerning the disclosure of documents produced in discovery or 8 at trial. 9 11. | Use of Confidential Documents or Information at Trial. Nothing in this Order 10 shall be construed to affect the use of any document, material, or information at any trial or 1] hearing. A party that intends to present or that anticipates that another party may present 12 Confidential Information at a hearing or trial shall bring that issue to the Court’s and parties’ 13 attention by motion or in a pretrial memorandum without disclosing the Confidential 14 Information. The Court may thereafter make such orders as are necessary to govern the use 15 of such documents or information at trial. 16 12. Confidential Information Subpoenaed or Ordered Produced in Other 17 || Litigation. 18 (a) If a receiving party is served with a subpoena or an order issued in 19 other litigation that would compel disclosure of any material or document designated in this 20 action as Confidential Information, the receiving party must so notify the designating party, 21 in writing, immediately and in no event more than three court days after receiving the 22 subpoena or order. Such notification must include a copy of the subpoena or court order. 23 (6) The receiving party also must immediately inform in writing the party 24 who caused the subpoena or order to issue in the other litigation that some or all of the 25 material covered by the subpoena or order is the subject of this Order. In addition, the 26 receiving party must deliver a copy of this Order promptly to the party in the other action 27 that caused the subpoena to issue. 28 STIPULATED PROTECTIVE ORDER

1 (c) The purpose of imposing these duties is to alert the interested persons 2 to the existence of this Order and to afford the designating party in this case an opportunity 3 to try to protect its Confidential Information in the court from which the subpoena or order 4 issued. The designating party shall bear the burden and the expense of seeking protection 5 in that court of its Confidential Information, and nothing in these provisions should be 6 construed as authorizing or encouraging a receiving party in this action to disobey a lawful 7 directive from another court. The obligations set forth in this paragraph remain in effect 8 while the party has in its possession, custody, or control Confidential Information by the 9 other party to this case. 10 13. |Anon-party’s protected material sought to be produced in this litigation. 1] (a) The terms of this Order are applicable to information produced by a 12 Non-Party in this action and designated as “CONFIDENTIAL - SUBJECT TO 13 PROTECTIVE ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE 14 ORDER - ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in 15 connection with this litigation is protected by the remedies and relief provided by this Order. 16 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking 17 additional protections. 18 (b) In the event that a Party is required, by a valid discovery request, to 19 produce a Non-Party’s confidential information in its possession, and the Party is subject to 20 an agreement with the Non-Party not to produce the Non-Party’s confidential information, 21 then the Party shall: 22 (1) promptly notify in writing the Requesting Party and the Non-Party 23 that some or all of the information requested is subject to a 24 confidentiality agreement with a Non-Party; 25 (2) promptly provide the Non-Party with a copy of the Stipulated 26 Protective Order in this litigation, the relevant discovery request(s), 27 °8 12 STIPULATED PROTECTIVE ORDER

1 and a reasonably specific description of the information requested; 2 and 3 (3) | make the information requested available for inspection by the Non- 4 Party. 5 (c) If the Non-Party fails to object or seek a protective order from this 6 court within 14 days of receiving the notice and accompanying information, the Receiving 7 Party may produce the Non-Party’s confidential information responsive to the discovery 8 request. If the Non-Party timely seeks a protective order, the Receiving Party shall not 9 produce any information in its possession or control that is subject to the confidentiality 10 agreement with the Non-Party before a determination by the court. Absent a court order to 1] the contrary, the Non-Party shall bear the burden and expense of seeking protection in this 12 court of its Protected Material. 13 14. Challenges by Members of the Public to Sealing Orders. A party or 14 interested member of the public has a right to challenge the sealing of particular 15 documents that have been filed under seal, and the party asserting confidentiality will 16 have the burden of demonstrating the propriety of filing under seal. 17 15. | Obligations on Conclusion of Litigation. 18 (a) Order Continues in Force. Unless otherwise agreed or ordered, this 19 Order shall remain in force after dismissal or entry of final judgment not subject to further 20 || appeal. 21 (b) Obligations at Conclusion of Litigation. Within sixty-three days after 22 dismissal or entry of final judgment not subject to further appeal, all Confidential 23 Information and documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE 24 ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER - 25 ATTORNEYS’ EYES ONLY” under this Order, including copies as defined in {J 3(a), shall 26 be returned to the producing party or destroyed unless: (1) the document has been offered 27 into evidence or filed without restriction as to disclosure; or (2) as to documents bearing the 28 STIPULATED PROTECTIVE ORDER

1 notations, summations, or other mental impressions of the receiving party, that party elects 2 to destroy the documents and certifies to the producing party that it has done so. Whether 3 the Confidential Information and documents marked “CONFIDENTIAL - SUBJECT TO 4 PROTECTIVE ORDER’ or “HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE 5 ORDER - ATTORNEYS’ EYES ONLY” are returned or destroyed, the receiving party must 6 submit a written certification to the producing party (and, if not the same person or entity, to 7 the designating party) by the 63 day deadline that (1) identifies (by category, where 8 appropriate) all the Confidential Information that was returned or destroyed and (2) affirms 9 that the receiving party has not retained any copies, abstracts, compilations, summaries or 10 any other format reproducing or capturing any of the Confidential Information. 11 Notwithstanding this provision, counsel are entitled to retain an archival copy of all 12 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 13 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 14 consultant and expert work product, even if such materials contain Confidential 15 Information. Any such archival copies that contain or constitute Confidential Information 16 remain subject to this Protective Order. 17 (c) Retention of Work Product and one set of Filed Documents. 18 Notwithstanding the above requirements to return or destroy documents, counsel may retain an 19 || archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal 20 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 21 product, and consultant and expert work product, even if such materials contain Confidential 22 || Information. Any retained Confidential Information shall continue to be protected under this 23 || Order. An attorney may use his or her work product in subsequent litigation, provided that its 24 || use does not disclose or use Confidential Information. 25 (d) Deletion of Documents filed under Seal from Electronic Case Filing 26 (ECF) System. Filings under seal shall be deleted from the ECF system only upon order 27 of the Court. °8 14 STIPULATED PROTECTIVE ORDER

1 16. Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 17. Order Subject to Modification. This Order shall be subject to 7 modification by the Court on its own initiative or on motion of a party or any other 8 person with standing concerning the subject matter. 9 18. No Prior Judicial Determination. This Order is entered based on the 10 representations and agreements of the parties and for the purpose of facilitating 11 discovery. Nothing herein shall be construed or presented as a judicial determination 12 that any document or material designated Confidential Information by counsel or the 13 parties is entitled to protection under Rule 26(c) of the Federal Rules of Civil 14 Procedure or otherwise until such time as the Court may rule on a specific document 15 or issue. 16 19. Effect and Application. This Confidentiality Order shall apply to any and all 17 discovery produced in this case by the parties before and after the entry of this Order. 18 20. Persons Bound. This Order shall take effect when entered and shall be 19 binding upon all counsel of record and their law firms, the parties, and persons made 20 subject to this Order by its terms. 21 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 23 24 25 26 27 28 15 STIPULATED PROTECTIVE ORDER

] 2 | Is/ Cortlin H. Lannin /s/ Frank A. Bartela 3. —_oiom@@ 5 || Counsel for: Defendants Walmart Inc. Counsel for: Plaintiff Vernita Faison and Wal-Mart Stores, Inc. Dated: January 24, 2025 Dated: January 24, 2025

8 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED.

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 16 STIPULATED PROTECTIVE ORDER

1 2 ATTACHMENT A 3 4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA 6 7 VERNITA FAISON, individually and as a Civil Case No.: 2:24-cv-01024-DJC (CSK) representative of all others similarly situated, 8 Plaintiff, ACKNOWLEDEMENT AND AGREEMEN 9 TO BE BOUND V. 10 District Judge: Hon. Daniel J. Calabretta WALMART INC. and WAL-MART STORES, Magistrate Judge: Hon. Chi Soo Kim INC., 12 Defendants. 13 14 15 The undersigned hereby acknowledges that he/she has read the Confidentiality Order 16 || dated in the above-captioned action and attached hereto, 17 || understands the terms thereof, and agrees to be bound by its terms. The undersigned submits 18 || to the jurisdiction of the United States District Court for the Eastern District of California in 19 || matters relating to the Confidentiality Order and understands that the terms of the 20 || Confidentiality Order obligate him/her to use materials designated as Confidential Information in 2] || accordance with the Order solely for the purposes of the above-captioned action, and not to 22 || disclose any such Confidential Information to any other person, firm or concern. 23 24 25 26 27 28

1 The undersigned acknowledges that violation of the Confidentiality Order may result in 2 || penalties for contempt of court. 3 4 Name: JobTitle; 6 || Employer: Business Address: 8 9 10

11 12 13 14 || Date: 15 Signature 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVEORDER— (ittst~<‘“‘“‘;~S