Bron E. D’Angelo, Esq. (SBN 246819) 1 Sean N. Costa, Esq. (SBN 347439) BURGER|MEYERLLP 2 999 Corporate Drive, Suite 220 Ladera Ranch, CA 92694 3 Tele: (949) 427-1888 Fax: (949) 427-1889 4 Email:bdangelo@burgermeyer.com scosta@burgermeyer.com 5 Attorneys for Defendant 6 WALMART, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 EDUARDO GARCIA PLIEGO, an Case No: 1:23-cv-00858-ADA-CDB 11 individual, Judge Ana de Alba 12 Plaintiff, 13 vs. STIPULATED PROTECTIVE ORDER 14 WALMART, INC.; and DOES 1-100, inclusive, 15 Defendants. 16 Action Filed: April 27, 2023 Trial Date: None 17 18 1. A. PURPOSES AND LIMITATIONS 19 The following parties, EDUARDO GARCIA PLIEGO (“Plaintiff”) and 20 WALMART, INC. (“Walmart”), by their undersigned counsel, have and hereby 21 stipulate and agree to entry of the following Stipulated Protective Order and to abide 22 by the following terms: 23 WHEREAS, the Parties have propounded or will propound certain discovery 24 requests and initial disclosures including information which either Party considers to 25 be proprietary, confidential business records and/or trade secrets, or sensitive, 26 confidential or private information (“confidential documents and information”); and 1 complying with these discovery requests and initial disclosures, provided that the 2 Court enter an appropriate protective order; and 3 WHEREAS, the Parties acknowledge that this Order does not confer blanket 4 protections on all disclosures or responses to discovery and that the protection it 5 affordsfrompublicdisclosureanduseextendsonlytothelimitedinformationoritems 6 that are entitled to confidential treatment under the applicable legal principles; and 7 WHEREAS, the Parties have agreed to this; 8 The following procedure shall govern the production, use and disposal of the 9 confidential documents and information: 10 B. GOOD CAUSE STATEMENT 11 This action is likely to involve trade secrets and other valuable commercial, 12 financial, technical, security, and/or proprietary information for which special 13 protectionfrompublicdisclosureandfromuseforanypurposeotherthanprosecution 14 of this action is warranted. Such confidential and proprietary materials and 15 information consist of, among other things, confidential business information, 16 information regarding confidential business practices, or other commercial 17 information (including information implicating privacy rights of third parties), 18 information generally unavailable to the public, or which may be privileged or 19 otherwise protected from disclosure under state or federal statutes, court rules, case 20 decisions, or common law. Accordingly, to expedite the flow of information, to 21 facilitate the prompt resolution of disputes over confidential of discovery materials, 22 to adequately protect information the parties are entitled to keep confidential, to 23 ensure that the Parties are permitted reasonable necessary uses of such material in 24 preparation for and in the conduct of trial, to address their handling at the end of the 25 litigation, and serve the ends of justice, a protective order for such information is 26 justified in this matter. It is the intent of the parties that the information will not be 1 manner, and there is good cause why it should not be part of the public record of this 2 case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 4 SEAL 5 The Parties further acknowledge, as set forth in Section 9.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Local Rule 141 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. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 14 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 15 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 16 cause showing), and a specific showing of good cause or compelling reasons with 17 proper evidentiary support and legal justification, must be made with respect to 18 Protected Material that a party seeks to file under seal. The parties’ mere designation 19 of Disclosure or Discovery Materials as CONFIDENTIAL does not—without the 20 submission of competent evidence by declaration, establishing that the material 21 sought to be filed under seal qualifies as confidential, privileged, or otherwise 22 protectable—constitute good cause. 23 Further, if a party sealing related to a dispositive motion or trial, then 24 compelling reasons,not only good cause, for the sealing must beshown and the relief 25 sought shall be narrowly tailored to serve the specific interest to be protected. See 26 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 1 articulate compelling reasons, supported by specific facts and legal justification, for 2 the requested sealing order. Again, competent evidence supporting the application to 3 file documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in 5 its entirety will not be filed under seal if the confidential portions can be redacted. If 6 documents can be redacted, then a redacted version for public viewing, omitting only 7 the confidential, privileged, or otherwise protectable portions of the document, shall 8 be filed. Any application that seeks to file documents under seal in their entirety 9 should include an explanation of why redaction is not feasible. 10 2. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 confidential material but also (1) any information copied or extracted from the 13 confidential material; (2) all copies, excerpts, summaries, or compilations of the 14 confidential material, and (3) any testimony, conversations, or presentations by 15 Parties or their Counsel that might reveal the confidential material. The material 16 expected to fall within the protection of this Stipulation and Order are: Walmart 17 policies and procedures related to store and bathroom maintenance, response to 18 incidents occurring within stores, and incident reporting. This Stipulation and Order 19 alsoisexpectedtoprotectproprietaryandconfidentialstoremanagementandincident 20 reporting protocols expected to be sought by Plaintiff via a deposition of a person 21 most knowledgeable. This information needs protection as it involves trade secrets 22 thatcouldbedamagingtoWalmart’sfinancialhealthifdisclosedtothegeneralpublic. 23 A Court order is necessary to ensure protection as it will provide the greatest 24 protections against any potential disclosures. 25 Any use of the confidential material at trial shall be governed by the orders of 26 thetrial judge.ThisOrder does not govern the use of the confidential material at trial. 1 3. DURATION 2 Onceacaseproceedstotrial,informationthatwasdesignated as“confidential” 3 or “produced pursuant to protective order” or in some similar fashion any document 4 for which it claims protection under this Order, becomes public and will be 5 presumptively available to all members of the public, including the press, unless 6 compelling reasons supported by specific factual findings to proceed otherwise are 7 made to the trial judge in advance of trial.
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Bron E. D’Angelo, Esq. (SBN 246819) 1 Sean N. Costa, Esq. (SBN 347439) BURGER|MEYERLLP 2 999 Corporate Drive, Suite 220 Ladera Ranch, CA 92694 3 Tele: (949) 427-1888 Fax: (949) 427-1889 4 Email:bdangelo@burgermeyer.com scosta@burgermeyer.com 5 Attorneys for Defendant 6 WALMART, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 EDUARDO GARCIA PLIEGO, an Case No: 1:23-cv-00858-ADA-CDB 11 individual, Judge Ana de Alba 12 Plaintiff, 13 vs. STIPULATED PROTECTIVE ORDER 14 WALMART, INC.; and DOES 1-100, inclusive, 15 Defendants. 16 Action Filed: April 27, 2023 Trial Date: None 17 18 1. A. PURPOSES AND LIMITATIONS 19 The following parties, EDUARDO GARCIA PLIEGO (“Plaintiff”) and 20 WALMART, INC. (“Walmart”), by their undersigned counsel, have and hereby 21 stipulate and agree to entry of the following Stipulated Protective Order and to abide 22 by the following terms: 23 WHEREAS, the Parties have propounded or will propound certain discovery 24 requests and initial disclosures including information which either Party considers to 25 be proprietary, confidential business records and/or trade secrets, or sensitive, 26 confidential or private information (“confidential documents and information”); and 1 complying with these discovery requests and initial disclosures, provided that the 2 Court enter an appropriate protective order; and 3 WHEREAS, the Parties acknowledge that this Order does not confer blanket 4 protections on all disclosures or responses to discovery and that the protection it 5 affordsfrompublicdisclosureanduseextendsonlytothelimitedinformationoritems 6 that are entitled to confidential treatment under the applicable legal principles; and 7 WHEREAS, the Parties have agreed to this; 8 The following procedure shall govern the production, use and disposal of the 9 confidential documents and information: 10 B. GOOD CAUSE STATEMENT 11 This action is likely to involve trade secrets and other valuable commercial, 12 financial, technical, security, and/or proprietary information for which special 13 protectionfrompublicdisclosureandfromuseforanypurposeotherthanprosecution 14 of this action is warranted. Such confidential and proprietary materials and 15 information consist of, among other things, confidential business information, 16 information regarding confidential business practices, or other commercial 17 information (including information implicating privacy rights of third parties), 18 information generally unavailable to the public, or which may be privileged or 19 otherwise protected from disclosure under state or federal statutes, court rules, case 20 decisions, or common law. Accordingly, to expedite the flow of information, to 21 facilitate the prompt resolution of disputes over confidential of discovery materials, 22 to adequately protect information the parties are entitled to keep confidential, to 23 ensure that the Parties are permitted reasonable necessary uses of such material in 24 preparation for and in the conduct of trial, to address their handling at the end of the 25 litigation, and serve the ends of justice, a protective order for such information is 26 justified in this matter. It is the intent of the parties that the information will not be 1 manner, and there is good cause why it should not be part of the public record of this 2 case. 3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER 4 SEAL 5 The Parties further acknowledge, as set forth in Section 9.3, below, that this 6 Stipulated Protective Order does not entitle them to file confidential information 7 under seal; Local Rule 141 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. 10 There is a strong presumption that the public has a right of access to judicial 11 proceedings and records in civil cases. In connection with non-dispositive motions, 12 good cause must be shown to support a filing under seal. See Kamakana v. City and 13 County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 14 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 15 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good 16 cause showing), and a specific showing of good cause or compelling reasons with 17 proper evidentiary support and legal justification, must be made with respect to 18 Protected Material that a party seeks to file under seal. The parties’ mere designation 19 of Disclosure or Discovery Materials as CONFIDENTIAL does not—without the 20 submission of competent evidence by declaration, establishing that the material 21 sought to be filed under seal qualifies as confidential, privileged, or otherwise 22 protectable—constitute good cause. 23 Further, if a party sealing related to a dispositive motion or trial, then 24 compelling reasons,not only good cause, for the sealing must beshown and the relief 25 sought shall be narrowly tailored to serve the specific interest to be protected. See 26 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each 1 articulate compelling reasons, supported by specific facts and legal justification, for 2 the requested sealing order. Again, competent evidence supporting the application to 3 file documents under seal must be provided by declaration. 4 Any document that is not confidential, privileged, or otherwise protectable in 5 its entirety will not be filed under seal if the confidential portions can be redacted. If 6 documents can be redacted, then a redacted version for public viewing, omitting only 7 the confidential, privileged, or otherwise protectable portions of the document, shall 8 be filed. Any application that seeks to file documents under seal in their entirety 9 should include an explanation of why redaction is not feasible. 10 2. SCOPE 11 The protections conferred by this Stipulation and Order cover not only 12 confidential material but also (1) any information copied or extracted from the 13 confidential material; (2) all copies, excerpts, summaries, or compilations of the 14 confidential material, and (3) any testimony, conversations, or presentations by 15 Parties or their Counsel that might reveal the confidential material. The material 16 expected to fall within the protection of this Stipulation and Order are: Walmart 17 policies and procedures related to store and bathroom maintenance, response to 18 incidents occurring within stores, and incident reporting. This Stipulation and Order 19 alsoisexpectedtoprotectproprietaryandconfidentialstoremanagementandincident 20 reporting protocols expected to be sought by Plaintiff via a deposition of a person 21 most knowledgeable. This information needs protection as it involves trade secrets 22 thatcouldbedamagingtoWalmart’sfinancialhealthifdisclosedtothegeneralpublic. 23 A Court order is necessary to ensure protection as it will provide the greatest 24 protections against any potential disclosures. 25 Any use of the confidential material at trial shall be governed by the orders of 26 thetrial judge.ThisOrder does not govern the use of the confidential material at trial. 1 3. DURATION 2 Onceacaseproceedstotrial,informationthatwasdesignated as“confidential” 3 or “produced pursuant to protective order” or in some similar fashion any document 4 for which it claims protection under this Order, becomes public and will be 5 presumptively available to all members of the public, including the press, unless 6 compelling reasons supported by specific factual findings to proceed otherwise are 7 made to the trial judge in advance of trial. See Kamakana, 447 F.3d at 1180-81 8 (distinguishing “good cause” showing for sealing documents produced in discovery 9 from “compelling reasons” standard when merits-related documents are part of court 10 record). Accordingly, the terms of this Protective Order do not extend beyond the 11 commencement of the trial. 12 4. DESIGNATING PROTECTED MATERIAL 13 4.1. Designation of Confidential Documents and Information. The 14 Responding Party shall mark as “confidential” or “produced pursuant to protective 15 order” or in some similar fashion any document for which it claims protection under 16 this Order. If only a portion of the material on a page qualifies for protection, the 17 Responding Party also must clearly identify the protected portion(s) (e.g., by making 18 appropriate markings in the margins). The document, things and information 19 contained in them or gleaned fromthemshall only beused,shown and disclosed only 20 asprovidedinthisOrder.Theterm“confidentialdocumentsandinformation”asused 21 in this Order shall be construed to include the documents and materials so marked, 22 and their content, substance and the information contained in or gleaned from them. 23 The term shall also be construed to include any summaries, quotes, excerpts and/or 24 paraphrases of the documents, things or information. The designation shall be made 25 in good faith and shall not be made with respect to any documents which is in the 26 public domain, such as patents, or any other document which has previously been 1 Mass, indiscriminate or routinized designations are prohibited. Designations 2 that are shown to be clearly unjustified or that have been made for an improper 3 purpose (e.g. to unnecessarily encumber the case development process or to impose 4 unnecessaryexpensesandburdensonotherparties)mayexposetheDesignatingParty 5 to sanctions. 6 If it comes to a Responding Party’s attention that information or items that it 7 designated for protection do not qualify for protection, that Responding Party must 8 promptly notify all other Parties that it is withdrawing the inapplicable designation 9 4.2. Inadvertent Failures to Designate. If timely corrected, an inadvertent 10 failure to designate qualified information or items doesnot,standing alone, waive the 11 Responding Party’s right to secure protection under this Order for such material. 12 Upon timely correction of a designation, the Receiving Party must make reasonable 13 efforts to assure that the material is treated in accordance with the provisions of this 14 Order. 15 5. ACCESS TO AND USE OF PROTECTED MATERIAL 16 5.1. AccesstoConfidentialDocumentsandInformationbyQualifiedPersons. 17 This Protective Order is limited to the context of pre-trial civil discovery. This 18 Protective Order does not restrict dissemination of information if gained from other 19 publicsourcesoutsideofpre-trial civil discovery. Accordingly,accessto confidential 20 documents and other materials, any parts thereof, any summaries or extracts thereof, 21 as well as matters contained therein which are produced or obtained exclusively 22 through pre-trial discovery shall be limited to the following “qualified persons.” The 23 following persons are automatically deemed “qualified person:” 24 a. This Court and its employees; 25 b. The jurors; 26 c. Counsel of record for the parties to this lawsuit 1 e. The parties of record and their officers, directors, employees, 2 counsel of record and insures to the extent necessary to assist in 3 preparing for discovery, depositions, resolution, or for trial, who 4 are otherwise assisting in this litigation; 5 f. Deposition witnesses; 6 g. Witnesses called at trial; 7 h. Any mediator who is assigned/chosen to hear this matter, and 8 his/herstaff,subjectto their agreement to maintain confidentiality 9 to the same degree as required by this stipulation; and 10 i. Any expert or consultant who has been retained or specially 11 employed by a party in anticipation of this litigation or for trial of 12 this case, to the extent necessary to assist in litigation, and who 13 has signed a written certification in the form set as Exhibit “A”; 14 provided, however, that no confidential documents and 15 information shall be disseminated to any expert or consultant: 16 i. Who is an employee of a direct business competitor of the 17 party producing the information; or 18 ii. Who is employed by a direct business competitor of the 19 party producing the information and who directly 20 participates in design,manufacturing,marketing,or service 21 activities of direct business competitors. 22 Counsel of record shall maintain such certifications for all designated experts, 23 andshallprovidecopiesofthecertificationsupondemandtocounselforanyopposing 24 party. Demand to one counsel of record for a party is deemed to be a demand to all 25 counsel of record for a party 26 5.2 Jurisdiction Over Qualified Persons. Each qualified person is subject to 1 comply strictly with this Order. Violation by an employee of counsel or by an expert 2 retained by counsel shall be deemed a violation by counsel. 3 5.3 Use of Confidential Documents and Information Generally. 4 Confidential documents, things and information may be used solely in connection 5 with this lawsuit and for no other purpose. No qualified person who gains access to 6 the confidential documents, things and information may disclose them or their 7 contents to any other person without the written stipulation of the producing party or 8 by order of this Court. 9 5.4 Use of Confidential Documents and Information in this Lawsuit. 10 Confidentialdocuments,thingsandinformation maybeused attrialoratdepositions, 11 in accordance with the following safeguards: if confidential documents, things and 12 information are used in depositions, all portions of the transcript of such depositions 13 and exhibits thereto which refer to or relate to such confidential documents, things or 14 information shall themselves be considered as confidential documents. The 15 Responding Party will identify the disclosure or discovery material on the record, 16 before the close of the deposition of all protected testimony. The party introducing 17 such confidential documents, things and information shall ensurethat the court report 18 binds the confidential portions of the transcript and exhibits separately and labels 19 them “confidential.” In addition, each deponent is ordered that he may not divulge 20 any confidential documents, things or information except to qualified persons. 21 6. CHALLENGING CONFIDENTIALITY DESGINATIONS 22 6.1 Challenges to Claims of Confidentiality. If a party contends that any 23 documents, information or portions of them which another party or third party has 24 designated as confidential are not entitled to protection, he may file a motion to 25 changethedesignation.AsperStadishv.SuperiorCourt(1999)71Cal.App.4th1130, 26 the motion to change the designation shall provide notice and an opportunity for the 1 confidentiality to demonstrate good cause. The documents and information shall 2 remain confidential until their status is changed by stipulation or order. 3 7. 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 as designated as “confidential” or “produced pursuant to 7 protective order” or in some similar fashion any document for which it claims 8 protectionunder thisOrder. Such informationproduced byNon-Partiesin connection 9 with this litigation is protected by the remedies and relief provided by this Order. 10 Nothing in these provisions should be construed as prohibiting a Non-Party from 11 seeking additional protections. 12 (b)In theeventthat aParty isrequired,byavaliddiscovery request,toproduce 13 a Non-Party’sconfidential information in itspossession,and thePartyis subjectto an 14 agreement with the Non-Party not to produce the Non-Party’s confidential 15 information, then the Party shall: 16 (1) promptly notify in writing the Required Party and the Non-Party that 17 some or allof theinformation requested issubject to aconfidentiality agreement with 18 a Non-Party; 19 (2) promptly provide the Non-Party a copy of the Stipulated Protective 20 Order in this Action, the relevant discovery request(s), and a reasonably specific 21 description of the information requested; and 22 (3) make the information requested available for inspection by the Non- 23 Party, if requested. 24 (c) If the Non-Party fails to seek a protective order from this Court within 14 25 days of receiving the notice and accompanying information, the Receiving Party may 26 producetheNon-Party’sconfidentialinformationresponsivetothediscoveryrequest. 1 agreement with the Non-Party before a determination by the Court. Absent a court 2 order to the contrary, the Non-Party shall bear the burden and expense of seeking 3 protection in this Court of its Protected Material. 4 8. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 5 PROTECTED MATERIAL 6 When a Responding Party gives notice to Receiving Parties that certain 7 inadvertently produced material is subject to a claim of privilege or otherwise 8 protection, the obligations of the Receiving Parties are those set forth in Federal Rule 9 of Civil Procedure 16(b)(5)(B). This provision is not intended to modify whatever 10 procedure may be established in an e-discovery order that provides for production 11 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), 12 insofar as the parties reach an agreement on the effect of disclosure of a 13 communication or information covered by the attorney-client privilege or work 14 product protection, the parties may incorporate their agreement in the stipulated 15 protective order submitted to the Court. 16 9. MISCELLANEOUS 17 9.1 Right to Further Relief. Nothing in this Order abridges the rights of any 18 person to seek its modification by the Court in the future. 19 9.2 Right to Assert Other Objections. By stipulating to the entry of this 20 Protective Order, no Party waives any right it otherwise would have to object to 21 disclosing or producing any information or item on any ground not addressed in this 22 Stipulated Protective Order. Similarly, no Party waives any right to object on any 23 ground to use in evidence of any of the material covered by this Protective Order 24 9.3 Filing and Sealing. A Party that seeks to file under seal any Protected 25 Material must comply with Local Rule 141. When a party files confidential 26 documents, things and information, including confidential portions or any transcript, 1 which shall be endorsed with the title of this action and a statement substantially in 2 the following form: 3 Provisionally “Filed Under Seal Pursuant to Protective Order.” 4 The envelop or container shall not be opened or released to anyone other than 5 qualified persons without further order of the Court. 6 9.4 Amendments. Nothing in this Order will prejudice either party from 7 seeking amendments broadening or restricting the rights of access to and the use of 8 confidentialdocumentsor information,or contesting thedesignation ofa confidential 9 document or qualified person. 10 10. FINAL DISPOSITION 11 10.1 Disposal at the Conclusion of this Action. After the final disposition of 12 this Action, within sixty (60) days of a written request by the Responding Party, each 13 Receiving Party must return all confidential documents, things and information, and 14 all copies thereof. Whether the documents, things and information is returned or 15 destroyed, the Receiving Party must submit a written certification to the Producing 16 Party (and, if not the same person or entity, to the Responding Party) by the 60 day 17 deadline that (1) identifies (by category, where appropriate) all the confidential 18 material that was returned or destroyed and (2) affirms that the Receiving Party has 19 not retained any copies, abstracts, compilations, summaries or any other format 20 reproducing or capturing any of the confidential material. Notwithstanding this 21 provision, Counsel are entitled to retain an archival copy of all pleadings, motion 22 papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, 23 deposition and trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain confidential material. Any 25 such archival copies that contain or constitute confidential material remain subject to 26 this Protective Order as set forth in Section 3 (DURATION) 1 full force and effect. This Stipulation and Protective Order consists of 13 pages 2 inclusive of a single-page exhibit, and is executed on the date set below. 3 4 Dated: August 4, 2023 ADAMSON AHDOOT, LLP 5 6 /s/ Eean L. Boles Eean L. Boles, Esq. 7 Attorneys for Plaintiff EDUARDO GARCIA PLIEGO 8 9 Dated: August 4, 2023 BURGER|MEYERLLP 10 11 /s/ Sean N. Costa 12 Bron E. D’Angelo, Esq. Sean N. Costa, Esq. 13 Attorneys for Defendant WALMART STORES, INC. 14 15 IT IS SO ORDERED 16 Dated: April 18, 2024 17 JUDGE CHRISTOPHER D. BAKER 18 19 20 21 22 23 24 25 26 1 EXHIBIT “A” 2 EDUARDO GARCIA PLIEGO V. WALMART, INC. 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF 4 CALIFORNIA CASE NO. 1:23-cv-00858-ADA-CDB 5 6 I, _____________, [print or type name] am employed by _________________ 7 I am: 8 _______ a. A party to this action. 9 _______ b. Counsel for _________________. 10 _______ c. Employed by ________________. 11 _______ d. Ihavebeenretainedbycounselfor___________________. 12 My present occupation or job description is: 13 14 15 16 I hereby acknowledge that I have received and read a copy of the Protetive 17 Order entered in this action in the United States District Court Eastern District of 18 California, Case No.1:23-cv-00858-ADA-CDB, and I understand the limitations this 19 Protective Order imposes upon the use, disclosure, and the eventual return and/or 20 destruction of information designated as “confidential litigation materials.” I further 21 understand that any unauthorized use and disclosure of any confidential litigation 22 materials shall constitute contempt of Court, and I hereby consent to the personal 23 jurisdiciton of the United States Eastern District of California in connection with any 24 use or disclosure of confidential litigation materials. I agree to be bound by all terms 25 of such Protective Order. 26