ALADDIN ZACKARIA; individually, and on behalf of other members of the general public similarly situated, and on behalf of aggrieved employees pursuant to the Private Attorneys General Act (
GREENBERG TRAURIG, LLP, Robert J. Herrington, (SBN 234417), Alana C. Srour, (SBN 271905), Los Angeles, California, Attorneys for Defendant, Wal-Mart Stores, Inc.
R. REX PARRIS LAW FIRM, Alexander R. Wheeler, Esq., Kitty Szeto, Esq., Attorneys for Plaintiff Aladdin Zackaria.
LAWYERS FOR JUSTICE PC, Edwin Aiwazian, Esq., Attorneys Plaintiff Aladdin Zackaria.
STIPULATED PROTECTIVE ORDER
SHERI PYM, Magistrate Judge.
The parties have stipulated to a Protective Order as follows:
A. LIMITED SCOPE OF ORDER
1. In this Action, the parties expect to exchange confidential information regarding their respective products that are the subject of this litigation. The parties have stipulated to the entry of this protective order governing the exchange and use of confidential documents and information in discovery. This Order does not govern or restrict the use of any document or information (including information designated as confidential under this order) at trial in any manner whatsoever. When and if the case proceeds to trial, all of the documents and information to be used at trial will be presumptively available to all members of the public, including the press, unless good cause is shown to the district judge in advance of the trial.
2. Further, this Order does not affect the burden of proof that must be met by a party seeking to protect confidential documents or information that is filed in the court records in this case.
3. Nothing in this order shall impose any restrictions on the use or disclosure by a party of material obtained by such party independent of discovery in this action, whether or not such material is also obtained through discovery in this action, or from the use or disclosure of information that is publicly known. Further, nothing in this Order restricts the ability of any party to use or disclose its own confidential material as it deems appropriate.
B. GOOD CAUSE STATEMENT
4. In discovery in this case, the parties will be required to exchange commercially and competitively sensitive information, as well as confidential employment information. Good cause exists for the Court to enter this Protective Order because Defendant could be prejudiced by the dissemination of any confidential, sensitive, and proprietary documents and trade secrets as defined in California Civil Code §§ 3426, et seq. These documents include proprietary training materials, proprietary programs for asset protection and security, personal and private disciplinary or other records of employees, confidential financial information, and business activities to which the Parties or third parties would not otherwise have access, including information regarding strategies and analyses, the disclosure of which could harm the businesses involved. The disclosure of this information may cause competitive injury and/or other harm to Defendant and/or would unnecessarily invade the privacy of a third party.
5. This overriding interest overcomes the right the public may have to access this type of information, and, given the nature of the dispute, privacy concerns of employees and the competitive nature of the retail industry, there is a substantial probability that Defendant's interest will be prejudiced if it is not provided the protections afforded by this Order. Defendant shall use reasonable efforts to minimize the amount of material designated as Confidential. Accordingly, good cause exists, and the parties hereby stipulate to and request the Court to enter the following Stipulated Protective Order.
6. Good cause exists for the designation of information as "Confidential" when the information has not been revealed to the public and the information falls into one of the following categories:
(a) proprietary training materials and proprietary programs for asset protection and security such as Exhibits "EE, " "GG, " "LL, " "MM, " "OO, " "PP, " "SS, " and "TT;"
(b) personal or private information about any officer, employee, or other individual third party such as Exhibit "UU;"
(c) personal and private disciplinary or other records of employees such as Exhibit "NN;"
(d) commercially sensitive financial or business information, and business activities to which the Parties or third parties would not otherwise have access, the disclosure of which information would have the effect of causing harm to the competitive position of the person or entity from which the information is obtained, such as ...