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(d) Deponents during the course of their depositions or potential witnesses of this case;
and

(c) The parties to this litigation, their officers, and professional employees.

7. Each counsel shall be responsible for providing notice of the Protective Order and
the terms therein to persons to whom they disclose "Confidential Information," as defined by the
terms of the Protective Order.

Persons to whom Confidential Information is shown shall be informed of the terms of this
Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such
deponents may be shown Confidential Information during their deposition but shall not be
permitted to keep copies of said Confidential Information nor any portion of the deposition
transcript reflecting the Confidential Information.

If either party objects to the claims that information should be deemed Confidential
Information, whether it is marked “Confidential” or “Attorney’s Eyes Only,” that party’s counsel
shall inform opposing counsel in writing within sixty (60) days of receipt of the Confidential
Information that the information should not be so deemed, and the parties shall attempt first to
dispose of such disputes in good faith and on an informal basis. If the parties are unable to
resolve their dispute, they may present a motion to the Court objecting to such status. The
information shall continue to have Confidential status during the pendency of any such motion.

8. In the event that any documents or other materials previously identified as
confidential are marked as exhibits or otherwise generally discussed during the taking of a
deposition in this action, the exhibit, and all portions of the relevant deposition transcript in
which the exhibit is discussed and/or referenced, shall immediately be deemed confidential, and

therefore subject to the terms of this Protective Order.

35.


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(i) Nothing contained herein is intended to, or shall serve to limit a party’s
right to conduct a review of documents, data (including electronically
stored information) and other information, including without limitation,
metadata, for relevance, responsiveness or the segregation of privileged or
protected information before such information is produced to another

party.

Gi) By operation of the parties’ agreement and Court Order, the parties are
specifically afforded the protections of FRE 502 (d) and (e).

15. Subject to the Rules of Evidence, a stamped Confidential document and other
Confidential Information may be offered in evidence at trial or any court hearing, provided that
the proponent of the evidence gives five days’ advance notice to counsel for the party or other
person that designated the information as Confidential. Any party may move the court for an
order that the evidence be received in camera or under other conditions to prevent unnecessary
disclosure. The court will then determine whether the proffered evidence should continue to be
treated as Confidential Information and, if so, what protection, if any, may be afforded to such
information at the trial.

16. If another court or an administrative agency subpoenas or orders production of
stamped Confidential documents which a party has obtained under the terms of this order, such
party shall promptly notify the party or other person who designated the document as
Confidential of the pendency of such subpoena or order.

17. Nothing in this Order shall be construed as an admission as to the relevance,
authenticity, foundation or admissibility of any document, material, transcript, or other
information.

18. Nothing in the Protective Order shall be deemed to preclude any party from
seeking and obtaining, on an appropriate showing, a modification of this Order.

19, Once executed by all parties, the Stipulation shall be by treated by the Parties as

an Order of Court until it is formally approved by the Court.

-10-


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appealed the final judgment or petitioned for review of the final judgment, then neither party
may make a request for the return of Confidential Information under this paragraph. If a party
has made a request for the return of Confidential Information under this paragraph and a party
subsequently appeals the final judgment or petitions for review of the final judgment, then the
party that the request was made on does not have to return the requested Confidential
Information until thirty (30) days after the conclusion of the said appeal or petition for review.

14. Pursuant to FRE 502 (d) and (e), the parties agree to and the Court orders
protection of privileged and otherwise protected Documents against claims of waiver (including
as against third parties and in other federal and state proceedings) as follows:

(a) The disclosure or production of Documents by a Producing Party subject
to a legally recognized claim of privilege, including without limitation the
attorney-client privilege and the work-product doctrine, to a Receiving
Party, shall in no way constitute the voluntary disclosure of such
Document.

(b) The inadvertent disclosure or production of any Document in this action
shall not result in the waiver of any privilege, evidentiary protection or
other protection associated with such Document as to the Receiving Party
or any third parties, and shall not result in any waiver, including subject
matter waiver, of any kind.

(c) If, during the course of this litigation, a party determines that any
Document produced by another party is or may reasonably be subject to a
legally recognizable privilege or evidentiary protection (“Protected
Document”):

(i) the Receiving Party shall: (A) refrain from reading the Protected
Document any more closely than is necessary to ascertain that it is
privileged or otherwise protected from disclosure; (B)
immediately notify the Producing Party in writing that it has
discovered Documents believed to be privileged or protected; (C)
specifically identify the Protected Documents by Bates number
range or hash value, and, (D) within ten (10) days of discovery by
the Receiving Party, return, sequester, or destroy all copies of such
Protected Documents, along with any notes, abstracts or
compilations of the content thereof. To the extent that a Protected
Document has been loaded into a litigation review database under
the control of the Receiving Party, the Receiving Party shall have

if


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9; No copies of Confidential Information shall be made except by or on behalf of
attorneys of record, in-house counsel or the parties in this action. Any person making copies of
such information shall maintain all copies within their possession or the possession of those
entitled to access to such information under the Protective Order.

10. All information produced in this action, whether deemed Confidential or not, shall
be used only for purposes of this litigation and not for any other purpose.

11. Whenever a party wishes to file any writing designated as Confidential with the
Court, the party may either (a) redact any and all information contained on any page that is
marked Confidential before filing said document with the Court, (b) if the party wishing to file
said writing is the party that originally designated the document as Confidential that party may,
at their discretion, redact only that information that it deems Confidential from any page that is
marked Confidential before filing with the Court or (c) separately file the document under seal
with the Court. If a party wishes to file a document that has been marked Confidential with the
Court, the party will follow all rules and practices followed by the Court regarding filing a
document under seal, including filing a motion establishing good cause for the document to be
preserved under seal if necessary, prior to so filing.

12. The termination of this action shall not relieve the parties and persons obligated
hereunder from their responsibility to maintain the confidentiality of information designated
Confidential pursuant to this Order.

13. Upon termination of this action by entry of a final judgment the parties may
request the return of all previously furnished Confidential Information, including any copies
thereof, and each person or party to whom such Confidential Information has been furnished or

produced shall be obligated to return it within thirty (30) days of said request. If either party has


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(e)

(f)

(g)

(h)

along with any notes, abstracts or compilations of the content
thereof. To the extent that a Protected Document has been loaded
into a litigation review database under the control of the Receiving
Party, the Receiving Party shall have all electronic copies of the
Protected Document extracted from the database.

To the extent that the information contained in a Protected Document has
already been used in or described in other documents generated or
maintained by the Receiving Party prior to the date of receipt of written
notice by the Producing Party as set forth in paragraphs (c)(ii) and (d)(i),
then the Receiving Party shall sequester such documents until the claim
has been resolved. If the Receiving Party disclosed the Protected
Document before being notified of its inadvertent production, it must take
reasonable steps to retrieve it.

The Receiving Party’s return, sequestering or destruction of Protected
Documents as provided herein will not act as a waiver of the Requesting
Party’s right to move for the production of the returned, sequestered or
destroyed documents on the grounds that the documents are not, in fact,
subject to a viable claim of privilege or protection. However, the
Receiving Party is prohibited and estopped from arguing that:

(i) the disclosure or production of the Protected Documents acts as a
waiver of an applicable privilege or evidentiary protection;

(ii) the disclosure of the Protected Documents was not inadvertent;

(iii) the Producing Party did not take reasonable steps to prevent the
disclosure of the Protected Documents; or

(iv) the Producing Party failed to take reasonable or timely steps to
rectify the error.

Either party may submit Protected Documents to the Court under seal for a
determination of the claim of privilege or other protection. The Producing
Party shall preserve the Protected Documents until such claim is resolved.
The Receiving Party may not use the Protected Documents for any
purpose absent this Court’s Order.

Upon a determination by the Court that the Protected Documents are
protected by the applicable privilege or evidentiary protection, and if the
Protected Documents have been sequestered rather than returned or
destroyed by the Receiving Party, the Protected Documents shall be
returned or destroyed within 10 (ten) days of the Court’s order. The Court
may also order the identification by the Receiving Party of Protected
Documents by search terms or other means.

-9-


Case: 1:18-cv-00450-MRB-KLL Doc #: 14 Filed: 02/06/19 Page: 1 of 11 PAGEID #: 59

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Denise Jackson
Case No: 1:18-cv-00450-MRB-KLL
Plaintiff 2
: Judge Michael R. Barrett
v. 3 Magistrate Judge: Karen L. Litkovitz

Wal-Mart, Inc. ' et al., STIPULATED PROTECTIVE
t ORDER
Defendants. :

WHEREAS, the parties in the above-captioned matter have agreed that these proceedings
may involve the discovery and use of confidential, non-public, sensitive, or proprietary business,
employment, tax, financial, and personally identifiable information, documents and other
materials;

WHEREAS, the parties have agreed to produce such documents only on the agreement
that such “Confidential Information” including information regarding current and former Wal-
Mart Stores East, LP, Wal-Mart Inc., and Wal-Mart Associates, Inc. (hereinafter collectively
referred to as “Wal-Mart”) employees’ social security information, dates of birth, personal
banking information, medical information, and records stating the actual rates of pay at Wal-
Mart, and corporate trade secrets, nonpublic research and development data, pricing formulas,
prospective inventory management programs, confidential business information not generally
known to the general public, and customer-related information, will be disclosed only as
provided herein;

WHEREAS, the parties have agreed to stipulate to protect certain confidential and

otherwise protected documents, data (including electronically stored information) and other

' Defendants assert that Wal-Mart, Inc. and Wal-Mart Associates, Inc. have been incorrectly named as parties.
Plaintiff's former employer is Wal-Mart Stores East, LP.


Case: 1:18-cv-00450-MRB-KLL Doc #: 14 Filed: 02/06/19 Page: 11 of 11 PAGEID #: 69

SO ORDERED.

2/7/14

Date
Dated: Feburary 6, 2019

/s/James A. Whitaker

James Whitaker (0000992)
Matthew J. Dickman (0095654)
226 Reading Rd.

Mason, OH 45040

(P) 513-398-1910

(F) 513-398-0181
jim@whitakerattorneys.com
matthew@whitakerattorneys.com
Attorneys for Plaintiff

ie STATES ean JUDGE

Respectively submitted,

/s/Allison L. Goico

Allison L. Goico (0088777)
Hayley L. Geiler (0097072)
Dinsmore & Shohl, LLP

255 E. Fifth St., Suite 1500
Cincinnati, Ohio 45202

(P) 513-977-861

(F) 513-977-8141
allison.goico@dinsmore.com
hayley. geiler@dinsmore.com
Attorneys for Defendants.


Case: 1:18-cv-00450-MRB-KLL Doc #: 14 Filed: 02/06/19 Page: 8 of 11 PAGEID #: 66

(ii)

all electronic copies of the Protected Document extracted from the
database. Where such Protected Documents cannot be destroyed
or separated, they shall not be reviewed, disclosed, or otherwise
used by the Receiving Party. Notwithstanding, the Receiving
Party is under no obligation to search or review the Producing
Party’s Documents to identify potentially privileged or work
product Protected Documents.

If the Producing Party intends to assert a claim of privilege or other
protection over Documents identified by the Receiving Party as
Protected Documents, the Producing Party will, within ten (10)
days of receiving the Receiving Party’s written notification
described above, inform the Receiving Party of such intention in
writing and shall provide the Receiving Party with a log for such
Protected Documents that is consistent with the requirements of
the Federal Rules of Civil Procedure, setting forth the basis for the
claim of privilege or other protection. In the event that any portion
of a Protected Document does not contain privileged or protected
information, the Producing Party shall also provide to the
Receiving Party a redacted copy of the document that omits the
information that the Producing Party believes is subject to a claim
of privilege or other protection.

(d) If, during the course of this litigation, a party determines it has produced a
Protected Document:

(i)

(ii)

the Producing Party may notify the Receiving Party of such
inadvertent production in writing, and demand the return of such
documents. Such notice shall be in writing, however, it may be
delivered orally on the record at a deposition, promptly followed
up in writing. The Producing Party’s written notice will identify
the Protected Document inadvertently produced by bates number
range or hash value, the privilege or protection claimed, and the
basis for the assertion of the privilege and shall provide the
Receiving Party with a log for such Protected Documents that is
consistent with the requirements of the Federal Rules of Civil
Procedure, setting forth the basis for the claim of privilege or other
protection. In the event that any portion of the Protected
Document does not contain privileged or protected information,
the Producing Party shall also provide to the Receiving Party a
redacted copy of the Document that omits the information that the
Producing Party believes is subject to a claim of privilege or other
protection.

the Receiving Party must, within ten (10) days of receiving the
Producing Party’s written notification described above, return,
sequester, or destroy the Protected Document and any copies,

-8-


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4. In the case of documents and the information contained therein, designation of
Confidential Information produced shall be made by placing the following legend on the face of
the document and each page so designated " CONFIDENTIAL " or "ATTORNEYS' EYES
ONLY" or otherwise expressly identified as confidential or attorneys' eyes only. Defendant will
use its best efforts to limit the number of documents designated Confidential or Attorneys! Eyes
Only.

5. Except as required by law or executive order, Confidential Information shall be
held in confidence by each qualified recipient to whom it is disclosed, shall be used only for
purposes of this action, shall not be used for any business purpose, and shall not be disclosed to
any person who is not a qualified recipient. All produced Confidential Information shall be
carefully maintained so as to preclude access by persons who are not qualified recipients.

6. Qualified recipients of documents marked "ATTORNEYS' EYES ONLY" shall
include only the following:

(a) In-house counsel and law firms for each party and the secretarial, clerical and

paralegal staff of each.

Qualified recipients of documents marked "CONFIDENTIAL" shall include only the
following:

(a) In-house counsel and law firms for each party and the secretarial, clerical and
paralegal staff of each.

(b) Deposition notaries and staff;

(c) Persons other than legal counsel who have been retained or specially employed by a

party as an expert witness for purposes of this lawsuit or to perform investigative work or fact

research;

-4.


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approval.

THEREFORE, the parties seek the entry of an Order, pursuant to Federal Rule of Civil
Procedure 26(c) governing the disclosure of documents and information therein pertaining to
“Confidential Information” on the terms set forth herein, as well as an Order governing the return
of inadvertently produced documents and data and affording them the protections of FRE 502 (d)
and (e), on the terms set forth herein.

IT IS HEREBY STIPULATED AND AGREED THAT:

iL. The Protective Order shall be entered pursuant to the Federal Rules of Civil

Procedure and FRE 502 (d) and (e).

2, The Protective Order shall govern all materials deemed to be “Confidential
Information.” Such Confidential Information shall include the following:

(a) Any and all documents referring or related to confidential and proprietary
human resources or business information; financial records of the parties;
compensation of Defendant’s current or former personnel; policies,
procedures or training materials of Defendant; or Defendant’s
organizational structure;

(b) Any documents from the personnel, medical or workers’ compensation
file of any current or former employee or contractor;

(c) Any documents relating to the medical or health information of any of
Defendant’s current or former employees or contractors;

(d) Any portions of depositions (audio or video) where Confidential
Information is disclosed or used as exhibits.

3 The Protective Order shall likewise govern all materials deemed “Attorneys' Eyes

Only”, which materials shall include the following:
(a) Any documents containing corporate trade secrets, nonpublic research and
development data, pricing formulas, prospective inventory management

programs, confidential business information not generally known to the
general public, and customer-related information.

-3-


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information, including without limitation, metadata (collectively “Documents”), against claims
of waiver and inadvertent production in the event they are produced during the course of this
litigation whether pursuant to a Court Order, a parties’ discovery request, or informal production.

WHEREAS, both parties may be required to produce large volumes of Documents, the
parties wish to comply with discovery deadlines and complete discovery as expeditiously as
possible, while preserving and without waiving any evidentiary protections or privileges
applicable to the information contained in the Documents produced, including as against third
parties and other proceedings, and in addition to their agreement, need the additional protections
of a Court Order under FRE 502 (d) and (e) to do so.

WHEREAS, in order to comply with applicable discovery deadlines, a party may be
required to produce certain categories of Documents that have been subject to minimal or no
attorney review (the “Disclosures”). This Stipulation and Order is designed to foreclose any
arguments that by making such Disclosures, the disclosure or production of Documents subject
to a legally recognized claim of privilege, including without limitation the attorney-client
privilege, work-product doctrine, or other applicable privilege:

(a) was not inadvertent by the Producing Party;

(b) that the Producing Party did not take reasonable steps to prevent the
disclosure of privileged Documents;

(c) that the Producing Party did not take reasonable or timely steps to rectify
such Disclosure; and/or

(d) that such Disclosure acts as a waiver of applicable privileges or
protections associated with such Documents.

WHEREAS, because the purpose of this Stipulation is to protect and preserve
Confidential Information and privileged Documents, the parties agree they are bound as follows

from and after the date their counsel have signed it, even if such execution occurs prior to Court

2g.