Ty v. Walmart Inc. et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
AGNEL TY,
Plaintiff,
v.
WALMART INC.,
Defendant.
Case No.: 25-cv-03757-AJB-JLB
ORDER GRANTING JOINT
MOTION FOR PROTECTIVE
ORDER
[ECF No. 9]
Before the Court is a Joint Motion for Protective Order. (ECF No. 9.) Good cause
appearing, the Joint Motion is GRANTED,1 and the following Protective Order is entered:
PROTECTIVE ORDER
The Court 	recognizes 	that 	at 	least 	some of the documents 	and 	information
(“materials”) being sought through discovery in the above-captioned action are, for
competitive reasons, normally kept confidential by the parties. The parties have agreed to
be bound by the terms of this Protective Order (“Order”) in this action.
1 The Court has modified the parties’ proposed paragraph 29.
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The materials to be exchanged throughout the course of the litigation between the
parties may contain trade secret or other confidential research, technical, cost, price,
marketing or other commercial information, as is contemplated by Federal Rule of Civil
Procedure 26(c)(1)(G). 	The purpose of this Order is to protect the confidentiality of such
materials as much as practical during the litigation. THEREFORE:
DEFINITIONS
1. 	The term “confidential information” will mean and include information
contained or disclosed in any materials, including documents, portions of documents,
answers 	to 	interrogatories 	and 	requests 	for 	admissions, 	trial 	testimony, 	deposition
testimony, and transcripts of trial testimony and depositions, including data, summaries,
and compilations derived therefrom that is deemed to be confidential information by any
party to which it belongs.
2. 	The 	term 	“materials” 	will 	include, 	but 	is 	not 	limited 	to: 	documents;
correspondence; memoranda; bulletins; blueprints; specifications; customer lists or other
material that identify customers or potential customers; price lists or schedules or other
matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks;
contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk
diaries; appointment books; expense accounts; recordings; photographs; motion pictures;
compilations from which information can be obtained and translated into reasonably usable
form through detection devices; sketches; drawings; notes (including laboratory notebooks
and records); reports; instructions; disclosures; other writings; models, prototypes, and
other physical objects.
3. 	The term “counsel” will mean outside counsel of record, and other attorneys,
paralegals, secretaries, and other support staff employed in the law firms identified below:
LAW OFFICE OF MICHAEL FREIMAN and MARTENSON, HASBROUCK & SIMON
LLP, “Counsel” also includes Brook Brewer, in-house attorneys for Defendant.
///
///
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GENERAL RULES
4. 	Each party to this litigation that produces or discloses any materials, answers
to interrogatories and requests for admission, trial testimony, deposition testimony, and
transcripts of trial testimony and depositions, or information that the producing party
believes should be subject to this Order may designate the same as “CONFIDENTIAL” or
“CONFIDENTIAL – FOR COUNSEL ONLY.”
a. 	Designation as “CONFIDENTIAL”: A party or non-party subject to
this Order may only designate documents or other information in this action
as 	“CONFIDENTIAL” 	if 	the 	designating 	party 	or 	non-party 	has 	an
articulable, 	good 	faith 	basis 	to 	believe 	that 	each 	document 	or 	other
information designated as confidential qualifies for protection under Federal
Rule of Civil Procedure 26(c).
b. 	Designation as “CONFIDENTIAL – FOR COUNSEL ONLY”: Any
party may designate information as “CONFIDENTIAL – FOR COUNSEL
ONLY” only if, in the good faith belief of such party and its counsel, the
information is among that considered to be most sensitive by the party,
including but not limited to trade secret or other confidential research,
development, financial or other commercial information.
5. 	In the event the producing party elects to produce materials for inspection, no
marking need be made by the producing party in advance of the initial inspection. 	For
purposes 	of 	the 	initial 	inspection, 	all 	materials 	produced 	will 	be 	considered 	as
“CONFIDENTIAL – FOR COUNSEL ONLY,” and must be treated as such pursuant to
the terms of this Order. Thereafter, upon selection of specified materials for copying by
the inspecting party, the producing party must, within a reasonable time prior to producing
those materials to the inspecting party, mark the copies of those materials that contain
confidential information with the appropriate confidentiality marking.
6. 	Whenever a deposition taken on behalf of any party involves a disclosure of
confidential information of any party:
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a. 	the deposition or portions of the deposition must be designated as
containing confidential information subject to the provisions of this Order;
such designation must be made on the record whenever possible, but a party
may designate portions of depositions as containing confidential information
after transcription of the proceedings; a party will have until 14 calendar days
after receipt of the deposition transcript to inform the other party or parties to
the 	action 	of 	the 	portions 	of 	the 	transcript 	to 	be 	designated
“CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL ONLY.”
b. 	the disclosing party will have the right to exclude from attendance at
the deposition, during such time as the confidential information is to be
disclosed, any person other than the deponent, counsel (including their staff
and associates), the court reporter, and the person(s) agreed upon pursuant to
Paragraph 9 below; and
c. 	the originals 	of 	the deposition 	transcripts 	and 	all 	copies 	of 	the
deposition must bear the legend “CONFIDENTIAL” or “CONFIDENTIAL –
FOR COUNSEL ONLY,” as appropriate, and the original or any copy
ultimately presented to a court for filing must not be filed unless it can be
accomplished under seal, identified as being subject to this Order, and
protected from being opened except by order of the Court.
7. 	All 	confidential 	information 	designated 	as 	“CONFIDENTIAL” 	or
“CONFIDENTIAL – FOR COUNSEL ONLY” must not be disclosed by the receiving
party to anyone other than those persons designated within this Order and must be handled
in the manner set forth below and, in any event, must not be used for any purpose other
than in connection with this litigation, unless and until such designation is removed either
by agreement of the parties or by order of the Court.
8. 	Information designated “CONFIDENTIAL – FOR COUNSEL ONLY” must
be viewed only by counsel (as defined in Paragraph 3) of the receiving party, and by
independent experts under the conditions set forth in this Paragraph. 	The right of any
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independent expert to receive any confidential information will be subject to the advance
approval of such expert by the producing party or by permission of the Court. The party
seeking approval of an independent expert must provide the producing party with the name
and curriculum vitae of the proposed independent expert, and an executed copy of the form
attached hereto as Exhibit A, in advance of providing any confidential information of the
producing party to the expert. 	Any objection by the producing party to an independent
expert receiving confidential information must be made in writing within 14 calendar days
following receipt of the identification of the proposed expert. 	Confidential information
may be disclosed to an independent expert if the fourteen-day period has passed and no
objection has been made. The approval of independent experts must not be unreasonably
withheld.
9. 	Information designated “CONFIDENTIAL” must be viewed only by counsel
(as defined in Paragraph 3) of the receiving party, by independent experts (pursuant to the
terms of Paragraph 8), by court personnel, and by the additional individuals listed below,
provided each such individual has read this Order in advance of disclosure and has
executed a copy of the form attached hereto as Exhibit A:
a. 	Executives who are required to participate in policy decisions with
reference to this action;
b. 	Technical personnel of the parties with whom counsel for the parties
find it necessary to consult, in the discretion of such counsel, in preparation
for trial of this action; and
c. 	Stenographic and clerical employees associated with the individuals
identified above.
10. 	With 	respect 	to 	material 	designated 	“CONFIDENTIAL” 	or
“CONFIDENTIAL – FOR COUNSEL ONLY,” any person indicated on the face of the
document to be its originator, author, or a recipient of a copy of the document, may be
shown the same.
///
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11. 	All 	information 	which 	has 	been 	designated 	as 	“CONFIDENTIAL” 	or
“CONFIDENTIAL – FOR COUNSEL ONLY” by the producing or disclosing party, and
any and all reproductions of that information, must be retained in the custody of the counsel
for the receiving party identified in Paragraph 3, except that independent experts authorized
to view such information under the terms of this Order may retain custody of copies such
as are necessary for their participation in this litigation.
12. 	Any party seeking to file documents under seal must comply with the
procedures set forth in the ECF Manual. Parties should not seek to file under seal entire
pleadings, or entire attachments, unless the party can establish that the entire document
satisfies the standard for sealing.
Unless the entire document satisfies the standard for sealing, a redacted version of
the document must be publicly filed on the docket with only those portions of the document
appropriately subject to filing under seal redacted. An application to file under seal should
specifically address the factual and legal basis for sealing each proposed redaction.
The party shall lodge the unredacted version of any filing in accordance with the
ECF Manual.
If a party is seeking to file a document that contains information designated as
confidential by another party, the filing party must reach out to the designating party in
advance of filing the application to file under seal to obtain from the designating party the
legal basis for the confidential designation. The filing party must include the legal basis in
the application to file under seal. 	If any party opposes the application to file under seal,
that party must, within one court day, contact the chambers of the judge who will rule on
the application to notify the judge’s staff that an opposition to the application will be filed.
13. 	At any stage of these proceedings, any party may object to a designation of
materials as confidential information. The party objecting to confidentiality must notify,
in writing, counsel for the designating party of the objected-to materials and the grounds
for the objection. 	If the dispute is not resolved consensually between the parties after
meeting and conferring within 14 calendar days of receipt of such a notice of objections,
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the parties may jointly request the Court’s assistance with the dispute, in accordance with
Judge Burkhardt’s Civil Chambers Rules. 	The materials at issue must be treated as
confidential information, as designated by the designating party, until the Court has ruled
on the objection or the matter has been otherwise resolved.
14. 	All confidential information must be held in confidence by those inspecting
or receiving it and must be used only for purposes of this action. Counsel for each party,
and each person receiving confidential information, must take reasonable precautions to
prevent the unauthorized or inadvertent disclosure of such information. 	If confidential
information is disclosed to any person other than a person authorized by this Order, the
party responsible for the unauthorized disclosure must immediately bring all pertinent facts
relating to the unauthorized disclosure to the attention of the other parties and, without
prejudice to any rights and remedies of the other parties, make every effort to prevent
further disclosure by the party and by the person(s) receiving the unauthorized disclosure.
15. 	No party will be responsible to another party for disclosure of confidential
information under this Order if the information in question is not labeled or otherwise
identified as such in accordance with this Order.
16. 	If a party, through inadvertence, produces any confidential information
without labeling or marking or otherwise designating it as such in accordance with this
Order, the designating party may give written notice to the receiving party that the
document or thing produced is deemed confidential information, and that the document or
thing produced should be treated as such in accordance with that designation under this
Order. The receiving party must treat the materials as confidential, once the designating
party so notifies the receiving party. 	If the receiving party has disclosed the materials
before receiving the designation, the receiving party must notify the designating party in
writing of each such disclosure.
17. 	Nothing within this Order will prejudice the right of any party to object to the
production of any discovery material on the grounds that the material is protected as
privileged or as attorney work product.
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18. 	Nothing in this Order will bar counsel from rendering advice to their clients
with respect to this litigation and, in the course thereof, relying upon any information
designated as confidential information, provided that the contents of the information must
not be disclosed.
19. 	This Order will be without prejudice to the right of any party to oppose
production of any information for lack of relevance or any other ground other than the mere
presence of confidential information. 	The existence of this Order must not be used by
either party as a basis for discovery that is otherwise improper under the Federal Rules of
Civil Procedure.
20. 	Nothing 	within 	this 	Order 	will 	be 	construed 	to 	prevent 	disclosure 	of
confidential information if such disclosure is required by law or by order of the Court.
21. 	Upon final termination of this action, including any and all appeals, counsel
for each party must, upon request of the producing party, return all confidential information
to the party that produced the information, including any copies, excerpts, and summaries
of that information, or must destroy same at the option of the receiving party, and must
purge all 	such 	information 	from all 	machine-readable media on 	which 	it 	resides.
Notwithstanding the foregoing, counsel for each party may retain all pleadings, briefs,
memoranda, motions, and other documents filed with the Court that refer to or incorporate
confidential information, and will continue to be bound by this Order with respect to all
such 	retained 	information. 	Further, 	attorney 	work 	product 	materials 	that 	contain
confidential information need not be destroyed, but, if they are not destroyed, the person
in possession of the attorney work product will continue to be bound by this Order with
respect to all such retained information.
22. 	Absent an ex parte motion made within 10 calendar days of the termination
of the case, the parties understand that the Court will destroy any confidential documents
in its possession.
23. 	The restrictions and obligations set forth within this Order will not apply to
any information that:
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a. 	the parties agree should not be designated confidential information;
b. 	the parties agree, or the Court rules, is already public knowledge;
c. 	the parties agree, or the Court rules, has become public knowledge other
than as a result of disclosure by the receiving party, its employees, or its agents
in violation of this Order; or
d. 	has come or will come into the receiving party’s legitimate knowledge
independently of the production by the designating party. 	Prior knowledge
must be established by pre-production documentation.
24. 	The restrictions and obligations within this Order will not be deemed to
prohibit discussions of any confidential information with anyone if that person already has
or obtains legitimate possession of that information.
25. 	Transmission 	by 	e-mail 	or 	some 	other 	currently 	utilized 	method 	of
transmission is acceptable for all notification purposes within this Order.
26. 	This Order may be modified by agreement of the parties, subject to approval
by the Court.
27. 	The Parties agree to provide adequate security to protect data produced by the
other party(ies) or by non-parties. This includes secure data storage systems, established
security policies, and security training for employees, contractors and experts. Adequate
security also includes such measures as data encryption in transit, data encryption at rest,
data access controls, and physical security, whether hosted/outsourced to a vendor or on
premises. At a minimum, any receiving party subject to the terms of this Confidentiality
Order, will provide reasonable measures to protect non-client data consistent with the
American Bar Association Standing Committee on Ethics and Professional Responsibility,
Formal Opinion 477R.
28. 	The 	production 	of 	privileged 	or 	work-product 	protected 	documents,
electronically stored information (ESI) or information, whether inadvertent or otherwise,
is not a waiver of the privilege or protection from discovery in this case or in any other
federal or state proceeding.
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29. 	This parties have agreed that this Order should be interpreted to provide the
maximum protection allowed by Federal Rule of Evidence (FRE) 502(d) and should be
enforceable and granted full faith and credit in all other state and federal proceedings by
28 U.S. Code § 1738. 	In the event of any subsequent conflict of law, the parties have
agreed that the law that is most protective of privilege and work product should apply.
30. 	Nothing contained herein is intended to or shall serve to limit a party’s right
to conduct a review of documents, ESI or information (including metadata) for relevance,
responsiveness and/or segregation of privileged and/or protected information before
production.
31. 	If the receiving party has reason to believe that a produced document or other
information may reasonably be subject to a claim of privilege, then the receiving party shall
immediately sequester the document or information, cease using the document or
information and cease using any work product containing the information and shall inform
the producing party of the beginning BATES number of the document or, if no BATES
number is available, shall otherwise inform the producing party of the information.
32. 	A producing party must give written notice to any receiving party asserting a
claim of privilege, work-product protection, or other ground for reclaiming documents or
information (a “clawback request”). 	After a clawback request is received, the receiving
party shall immediately sequester the document (if not already sequestered) and shall not
review or use that document, or any work product containing information taken from that
document, for any purpose. 	The parties shall meet and confer regarding any clawback
request.
33. 	The Court may modify the terms and conditions of this Order for good cause,
or in the interest of justice, or on its own order at any time in these proceedings.
///
///
///
///
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34. 	Without separate court order, this Order and the parties’ joint motion do not
change, amend, or circumvent any court rule or local rule.
IT IS SO ORDERED.
Dated: March 16, 2026
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _______________________ (name), of _________________________________
(address), declare under penalty of perjury that I have read in its entirety and understand
the Protective Order (“Order”) that was issued by the United States District Court for the
Southern District of California on ________________________, in the case of Agnel Ty v.
Walmart Inc., et al., Case No.: 3:25-cv-03757-AJB-JLB. I agree to comply with and to be
bound by all the terms of the Order, and I understand and acknowledge that failure to so
comply could expose me to sanctions and punishment in the nature of contempt. I solemnly
promise that I will not disclose in any manner any information or item that is subject to the
Order to any person or entity, except in strict compliance with the provisions of the Order.
I further agree to submit to the jurisdiction of the United States District Court for the
Southern District of California for the purpose of enforcing the terms of the Order, even if
such enforcement proceedings occur after termination of this action.
Name:
Signature: 	Date:
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