Eduardo Cervantes v. County of Los Angeles et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. (See Order for further details) re Stipulation for Protective Order 25 (vm)
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David D. Lawrence, Esq. [State Bar No. 123039]
Email: dlawrence@lbaclaw.com
Christina M. Sprenger, Esq. [State Bar No. 205105]
Email: csprenger@lbaclaw.com
Daniel S. Cha, Esq. [State Bar No. 260256]
E-Mail: dcha@lbaclaw.com
LAWRENCE BEACH ALLEN & CHOI, PC
2677 North Main Street, Suite 370
Santa Ana, California 92705
Telephone No.: (714) 479-0180
Facsimile No.: (714) 479-0181
Attorneys for Defendants
County Of Los Angeles, Deputy Paulo Cruz,
and Deputy Vincent Cisneros
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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EDUARDO CERVANTES,
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Plaintiff,
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vs.
COUNTY OF LOS ANGELES,
Deputy PAUL CRUZ #412035
individually and as a peace officer,
DEPUTY VICTOR CISNEROS
#519470 individually and as a peace
officer, DOES 1-10,
Defendants.
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Case No. CV 12-09889 DDP (MRWx)
[PROPOSED] PROTECTIVE
ORDER
[Stipulation for Protective Order filed
concurrently herewith]
MATTER FOR DETERMINATION
BEFORE THE HONORABLE
MICHAEL R. WILNER
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[PROPOSED] ORDER
[PROPOSED] ORDER
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Based upon the Stipulation of the parties and good cause appearing
therefore, IT IS HEREBY ORDERED AS FOLLOWS:
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Good Cause Statement and Confidential Materials. Defendants and
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Plaintiff have agreed that the below-listed categories of documents shall be
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designated confidential documents and/or writings because Defendants believe, in
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good faith, that these documents and/or writings are protected by the Official
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Information Privilege and Defendants’ rights of privacy, or are otherwise
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privileged and confidential. Confidentiality will be accomplished by affixing a
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legend to any responsive document or writing, such as “Confidential”,
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“Confidential Documents,” “Confidential Material” or words of similar effect.
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Documents and writings so designated (hereinafter, collectively, “Confidential
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Information”), shall be treated in accordance with the terms of this Order.
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2.
Confidential Information. This Protective Order shall apply to all
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Confidential Information produced by Defendants (the “Disclosing Party”) to
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Plaintiff (the “Receiving Party”), specifically including but not limited to
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information and documents contained in the Defendants’ confidential personnel
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files. The Confidential Information may be contained in originals and copies of
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relevant interrogatory responses obtained from Defendants in this matter; originals
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and copies of relevant documents responsive to the Plaintiff’s requests for
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production of documents obtained from Defendants in this matter; and originals and
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copies of transcripts, video recordings, and audio recordings of any deposition taken
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in this matter during which the Confidential Information is used, mentioned,
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reviewed, discussed, or referred to. The Confidential Information shall be subject to
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this Protective Order as follows:
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3.
Storage Of Confidential Information. Immediately upon production
by the Disclosing Party, attorneys for the Receiving Party shall personally secure
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[PROPOSED] ORDER
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and maintain the Confidential Information in their possession. The Confidential
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Information shall not, under any circumstances, be left in an open or unsecured
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location where unauthorized persons (such as unauthorized employees of counsel,
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cleaning personnel, etc.) might have access to them.
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4.
Confidential Information Legend. All documents containing
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Confidential Information shall be stamped “CONFIDENTIAL,”
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“CONFIDENTIAL DOCUMENTS,” “CONFIDENTIAL MATERIAL” or words
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of similar effect.
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5.
Limitation Of Use Of Confidential Information. Attorneys for the
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Receiving Party shall not cause or knowingly permit disclosure of the contents of
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the Confidential Information, in any manner, including orally, beyond the
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disclosure permitted under the terms and conditions of this Order. Any such
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disclosure shall be construed as a violation of this Order, except when used for
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purposes of this litigation as described in Paragraph Nos. 8 and 9 of this Order.
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6.
Testimony Regarding The Confidential Information. In the case of
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depositions, any party may orally, during the deposition, designate all or any
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portion of the deposition testimony given in this litigation as Confidential
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Information. Any questions intended to elicit testimony regarding the contents of
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the Confidential Information shall be conducted only in the presence of persons
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authorized to review the Confidential Information as provided in this Order. Any
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deposition transcript containing such questions and testimony shall be subject to
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the same protections and precautions applicable to the Confidential Information.
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Inadvertent Disclosure. If the Disclosing Party inadvertently
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produces any Confidential Information without designating it as such, it may be
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remedied by (1) promptly notifying all other parties of the error; and (2)
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providing a substitute copy of the Confidential Information with a proper legend.
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In that event, the parties receiving the inadvertently produced undesignated
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Confidential Information will: (1) return the previously produced Confidential
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[PROPOSED] ORDER
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Information and destroy all copies thereof; and (2) if the party had already
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disseminated the Confidential Information to any person, the party will notify all
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such persons in writing of the need to return such Confidential Information and
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not to further disseminate it.
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8.
Limitations On The Non-Litigation Use Of Confidential
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Information. The secrecy and confidentiality of the Confidential Information
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exchanged during discovery in this action shall be maintained, and all
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Confidential Information exchanged will be used solely for the litigation of this
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action. Specifically, the Receiving Party may not use such documents, records, or
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other information (or the contents thereof) for any other purpose, including use as
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background material, or for inclusion in books, magazines, newspapers, or other
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publications. The Receiving Party is prohibited from placing any of the
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Confidential Information on the internet or providing any of the Confidential
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Information to any category of persons not designated in Paragraph No. 10 of this
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Order.
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Court Filings. If necessary in the judgment of attorneys for
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Receiving Party, said attorneys may show or reveal the contents of the
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Confidential Information to the court only pursuant to Local Rule 79-5.1.
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However, nothing in this paragraph shall be construed to bind the Court so as to
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limit or prevent the publication of any Confidential Information to the jury or
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factfinder, at the time of trial of this matter, where the Court has deemed such
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Confidential Information to be admissible into evidence.
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10.
Other Persons Authorized To Review Confidential Information. The
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Parties’ attorneys of record may be permitted to see originals and obtain copies of
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the Confidential Information covered by this Order. Also, Defendants, including
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officers, directors, employees, and experts thereof may be permitted to review the
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Confidential Information. Additionally, paralegals, secretaries, expert witnesses,
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and other individuals and entities that may be employed or retained by the
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[PROPOSED] ORDER
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Receiving Party to assist in the preparation and/or the litigation of this action may
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be permitted to see originals and obtain copies of the Confidential Information
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covered by this Order, provided such experts and employees have first executed
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the written statement set forth in Paragraph No. 11 below, and comply with the
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provisions of that section. Plaintiff shall be authorized to review Confidential
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Information, subject to the limitations set forth in Paragraph No. 12.
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Applicability Of Order To Other Persons. Prior to the disclosure of
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any Confidential Information to any person described above, attorneys for the
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Receiving Party who seeks to use or disclose such Confidential Information shall
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first provide any such person with a copy of this Order, and shall cause him or her
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to execute the following acknowledgment:
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“I, _____________________________, do solemnly swear that
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I am fully familiar with the terms of the Protective Order entered
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in this action, Eduardo Cervantes v. County of Los Angeles, et
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al., United States Central District Court Case No. CV 12-09889
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DDP (MRWx), and I hereby agree to comply with and be bound
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by the terms and conditions of the said Order with respect to the
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handling, use and disclosure of any Confidential Information. I
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understand that I may be subject to penalties for contempt of
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Court if I violate this Order and hereby consent to the
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jurisdiction of said Court for purposes of enforcing this Order.
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I declare under penalty of perjury under the laws of the State of
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California and the United States of America that the foregoing is
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true and correct.
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Dated: __________
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Signature: _____________________________”
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This written requirement applies to, but is not limited to, paralegals,
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secretaries, expert witnesses, and other individuals and entities that may be
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[PROPOSED] ORDER
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employed or retained by the Receiving Party’s counsel to assist in the preparation
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and/or the litigation of this action. The Receiving Party’s counsel shall be
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responsible for maintaining the signed original of each such written statement
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until the conclusion of these proceedings, including any appeal.
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12.
Plaintiff’s Possession of Materials And Redaction Of Defendants’
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Personal Identification Information. Plaintiff may not have possession of any
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Confidential Information, or material derived therefrom, during any period of
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incarceration in jail or prison. Further, any personal identifying information
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(including, but not limited to, home addresses, home telephone numbers, personal
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cell phone numbers, dates of birth, social security numbers, and drivers’ license
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numbers) of any individual Defendant or other law enforcement officer, contained
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in any Confidential Information produced or maintained pursuant to this Order,
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shall be redacted. Any Confidential Information that contains any inadvertently
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unredacted personal identifying information will be subject to the procedures set
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forth in Paragraph No. 7 of this Order. Plaintiff’s attorneys or agents may not
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share any of the Defendants’ personal identifying information with Plaintiff.
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13.
No waiver of objections. Nothing in this Order constitutes any
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decision by the Court concerning any pending or future potential discovery
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disputes, or the admission into evidence of any specific document or testimony,
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or liability for payment of any costs of production or reproduction of documents.
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This Order also does not constitute a waiver by any party of any right to object to
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any discovery, or admission into evidence, of any document, record, testimony or
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other information that is subject to this Order. Nor do Defendants waive any
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privileges or privacy rights, including, but not limited to, the investigatory files or
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official information privileges, see, e.g., Weiner v. FBI, 943 F. 2d 972, 985 (9th
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Cir. 1991), or Miller v. Pancucci, 141 F.R.D. 292 (C.D. Cal. 1992), by entering
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into this Order.
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[PROPOSED] ORDER
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Subpoena for Confidential Information. In the event that the
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Receiving Party or his counsel receives a subpoena, discovery request, or other
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legal process seeking production of Confidential Information, the Receiving Party
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must give prompt written notice to the Disclosing Party. The Receiving Party
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shall inform the person or entity seeking the information of the existence of this
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Order and shall not produce the Confidential Information absent a Court Order
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requiring such production.
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Return of Confidential Information. Not more than thirty (30)
calendar days after the conclusion (including all appeals) of this case, the
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Receiving Party, his counsel, and every other person and/or entity who received
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originals or copies of the Confidential Information, shall return all originals and
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copies of the Confidential Information, and material derived therefrom, including,
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but not limited to, all log(s) of persons authorized to review the protected
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documents and the written statement(s) acknowledging the terms and provisions of
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this Order pursuant to Paragraph No. 11 of this Order, to the Disclosing Parties care
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of:
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Daniel S. Cha, Esq.
LAWRENCE BEACH ALLEN & CHOI, PC
2677 North Main Street, Suite 370
Santa Ana, California 92705
Alternatively, the Receiving Party, his counsel, and every other person
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and/or entity who received originals or copies of the Confidential Information may
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destroy all such material and material derived therefrom within thirty (30) calendar
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days after the conclusion of this case. If Receiving Party, his counsel, or every
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other person and/or entity who received originals or copies of the Confidential
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Information destroy all such material and material derived therefrom within thirty
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(30 ) calendar days after the conclusion of this case, in lieu of returning the
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originals or copies of the Confidential Information, counsel for Receiving Party
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must inform Disclosing Parties of the destruction of all originals and copies of the
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[PROPOSED] ORDER
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Confidential information and material derived therefrom, in writing, within
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fourteen (14) calendar days of the destruction of all the Confidential Information
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and material derived therefrom.
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This case has concluded when (i) a final judgment has been entered by the
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Court or the case has otherwise been dismissed with prejudice; (ii) the time for
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any objection to or request for reconsideration of such a judgment or dismissal
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has expired; (iii) all available appeals have concluded or the time for such appeals
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has expired; and (iv) any post appeal proceedings have themselves concluded.
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Survivability of Order. This Order shall survive the termination of
this action, and the Court shall retain jurisdiction to enforce it.
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IT IS SO ORDERED.
May 12, 2014
Dated: ____________________
/s/ Judge Wilner
__________________________________
Honorable Michael R. Wilner
United States Magistrate Judge
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[PROPOSED] ORDER
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