Isidora Lopez Venegas v. Janet Napolitano et al

Filing 67

PROTECTIVE ORDER by Magistrate Judge Paul L. Abrams re Stipulation for Protective Order,, 58 **NOTE CHANGES MADE BY THE COURT** (ch)

NOTE: CHANGES MADE BY THE COURT
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ISIDORA LOPEZ-VENEGAS, et al.,

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PROTECTIVE ORDER

Plaintiffs,

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No. CV 13-03972-JAK (PLAx)

v.
RAND BEERS, et al.,

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Defendants.

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[PROPOSED] PROTECTIVE ORDER GOVERNING
THE HANDLING OF CONFIDENTIAL MATERIAL

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Good Cause Statement

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I.

Discovery in the above captioned action Isidora Lopez-Venegas, et al.

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v. Rand Beers, et al., Case No. CV 13-03972-JAK (“Litigation” or “Action”), may

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involve documents, information and tangible things that Plaintiffs or Defendants

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(collectively, the “Parties”) may reasonably believe in good faith to be protected

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from disclosure to the public or to one or more of the Parties under Rule 26(c) of

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the Federal Rules of Civil Procedure.

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II.

This order seeks to facilitate the discovery process by protecting

against the unauthorized disclosure of confidential information.

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ATTORNEYS AT LAW
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No. CV 13-03972-JAK (PLAx)

[PROPOSED]
PROTECTIVE ORDER

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III.

This Order does not confer blanket protections on all disclosures or

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responses to discovery and that the protection it affords only extends to the limited

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information or items that are entitled, under the applicable legal principles, to

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confidential treatment.

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IV.

Good cause exists for approving the Order because it protects against

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injury caused by dissemination of confidential documents, information or tangible

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things.

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a.

The confidential documents, information or tangible things to be

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protected identified infra in paragraph 2, subpart a, include personally identifiable

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information about individuals other than the named Plaintiffs, the disclosure of

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which could be prohibited by the Privacy Act or other law. However, the Privacy

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Act provides, as an exception, that such records may be released “pursuant to the

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order of a court of competent jurisdiction.” 5 U.S.C. § 552a(b)(11). An order of

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this Court, therefore, would provide a basis for release of the requested documents

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and records pursuant to the Privacy Act and Fed. R. Civ. P. 26(c), as well as

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insulate Defendants from potential liability for improper disclosure. See 5 U.S.C. §

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552(g)(1).

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b.

The confidential documents, information or tangible things to be

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protected identified infra in paragraph 2, subpart b, include Government records

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that might contain tactical information not available to the general public that, if in

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the wrong hands, could be adversely used against law enforcement by non-law

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abiding groups or individuals.

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information about the relevant agencies’ internal investigations, staffing, priorities,

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resources, intelligence and/or methods, which is law enforcement sensitive and

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should not be released to the public.

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c.

These records could also contain sensitive

The confidential documents, information or tangible things to be

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protected identified infra in paragraph 2, subpart c, include identifying information

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regarding material witnesses for Plaintiffs (including but not limited to a witness’s

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No. CV 13-03972-JAK (PLAx)

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[PROPOSED]
PROTECTIVE ORDER

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true name, date of birth, phone number, address, and date of first entry into the

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United States) which if disclosed would result in a material witness for Plaintiffs

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deciding not to testify out of fear of adverse immigration or criminal consequences.

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d.

The confidential documents, information or tangible things to be

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protected identified infra in paragraph 2, subpart d, include all other confidential

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documents, information or tangible things not identified above that qualify for

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protection under Federal Rule of Civil Procedure 26(c), including sensitive and

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private information of Parties and non-parties, including sensitive and private

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information of natural persons (e.g., social security numbers, names of minor

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children) and documents and information of non-natural entities (e.g., corporations,

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organizations, partnerships) that in the ordinary course of business the non-natural

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entity does not or would not publicly disclose.

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ORDER

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Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, all discovery

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and other materials exchanged by the Parties or Third Parties, or filed with the

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Court, in Isidora Lopez-Venegas, et al. v. Rand Beers, et al., Case No. CV 13-

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03972-JAK shall be provided subject to the conditions set forth in this order

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(hereafter “Protective Order” or “Order”).

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1.

Scope. The following terms, conditions, procedures, and restrictions

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govern with respect to documents, electronic data, and any other forms of

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information produced or voluntarily exchanged in the Litigation by any Party or

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non-parties (“Third Parties” or singularly, “Third Party”), including any “Writings”

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(as that term is defined in Rule 1001 of the Federal Rules of Evidence); all

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discovery contemplated by Rules 26 through 36 of the Federal Rules of Civil

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Procedure, including responses to all written discovery requests and demands, and

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deposition testimony and exhibits, however recorded; and any other written,

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recorded, or graphic matters (collectively “Protected Material”).

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ATTORNEYS AT LAW
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No. CV 13-03972-JAK (PLAx)

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[PROPOSED]
PROTECTIVE ORDER

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2.

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Protected Material. The categories of Protected Material include:
a.

Information, documents or tangible things protected by federal

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privacy laws and regulations, including, but not limited to, the Privacy Act, 5

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U.S.C. § 552a, et seq.

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b.

Information, documents or tangible things, which may include,

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among other things, Department of Homeland Security, U.S. Immigration and

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Customs Enforcement, U.S. Customs and Border Protection, and/or U.S. Border

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Patrol records regarding law enforcement activities and operations, guidelines for

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law enforcement operations, training materials, and internal investigations.

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c.

Information, documents or tangible things, disclosing or

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containing identifying information of certain of Plaintiffs’ witnesses who have a

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fear of removal or criminal prosecution if their identities are disclosed.

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d.

All other [] documents, information or tangible things not

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identified above that any party to this action contends in good faith contain

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confidential information, as well as copies or summaries of such information

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or materials that otherwise reveal the contents of such information, that the

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party would not ordinarily disclose and which should be protected from

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disclosure under Federal Rule of Civil Procedure 26(c).

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3.

Designations. It shall be the duty of the party producing the Protected

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Material (“Producing Party”) to give notice of material that is to be considered

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covered by this Protective Order in the manner set forth in paragraphs 5, 8 and 11

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below. Protected Material may be designated as CONFIDENTIAL if the Producing

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Party believes in good faith that such material is covered by this Protective Order.

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A Party may designate material that it obtained from a Third Party pursuant to this

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Protective Order, if it believes in good faith that it qualifies as Protected Material

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under this Order.

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4.

Duties.

The duty of the Party or Parties receiving the Protected

Material (“Receiving Party”) and of all other persons bound by this Protective

COOLEY LLP
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Order to maintain the confidentiality of Protected Material so designated shall

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commence with such notice.

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Producing Party, subject to the provisions of this Order, with the designation of

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“CONFIDENTIAL.” No person subject to this Protective Order may disclose, in

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public

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“CONFIDENTIAL,” except as provided for in this Protective Order or as further

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ordered by the Court.

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or

5.

private,

any

Protected Material shall be designated by the

Protected

Material

designated

by

a

Party

as

Method Of Designation. Each page of any material the Producing

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Party wishes to designate as Protected Material must be labeled CONFIDENTIAL,

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at the time the material, or a copy thereof, is provided to the Receiving Party. In

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the case of material contained in or on media other than paper, the Producing Party

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shall affix such a label to the material or use its best efforts to identify the material

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as Protected Material and affix the applicable designation.

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6.

Access To Protected Material. Only the following persons shall have

access to or retain material designated as CONFIDENTIAL pursuant to this Order:

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a.

The Court and its official personnel;

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b.

The Parties and the employees, officers, directors, and

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executives of the Parties to this Action, including the Parties’ inside counsel;
c.

Outside counsel for a Party. For the purposes of this Protective

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Order, “Outside Counsel” means the attorneys representing the Parties for this

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Action, the ACLU Foundation of San Diego and Imperial Counties, the ACLU of

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Southern California, and Cooley LLP for Plaintiffs and the United States

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Department of Justice for Defendants, including paralegals, office clerks,

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secretaries, and other support staff assisting those attorneys, working on the Action;

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d.

Outside experts and consultants retained by the Receiving

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Party’s Outside Counsel to assist in this Litigation (and the experts’ or consultants’

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staff whose duties and responsibilities require access to such materials), who are not

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past or present employees of the Receiving Party or of an affiliate of the Receiving

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Party or any other Party;

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e.

Court reporters and translators;

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f.

Outside litigation support personnel retained by Outside Counsel

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to assist in the preparation and/or litigation of the Action, including contract

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attorneys or outside copying service vendors or electronic document management

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vendors;

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g.

Any person not otherwise covered by subparagraph (a), (b), or

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(c), who was involved in the preparation of such material or who received or

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reviewed such material for purposes other than this Action or who has been alleged

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to have received or reviewed such material for purposes other than this Action;

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h.
(a), (b), or (c); and

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Witnesses at deposition not otherwise covered by subparagraphs

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Persons whom the Producing Party agrees in writing or on the

record at a deposition may be shown CONFIDENTIAL material.
7.

Agreement By Persons Accessing Protected Materials. All persons

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identified in paragraph 6 (d), (e), (f), (g), (h) and (i) who in the course of the case

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may be given access to Protected Material shall be required to read this Protective

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Order and agree, in writing, to be bound by this Protective Order by executing an

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acknowledgment in the form of Exhibit A that is annexed to this Protective Order.

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All such acknowledgments shall be maintained in the files of the counsel allowing

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access by such person to the Protected Material.

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8.

Designation Of Protected Material At Depositions. In the case of

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depositions, designation of the portion of the transcript (including exhibits) which

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contains Protected Material shall be made by a statement to such effect on the

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record in the course of the deposition; or upon review of such transcript, by counsel

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for the party to whose Protected Material the deponent has had access, said counsel

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designating within fourteen (14) calendar days after counsel’s receipt of the

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No. CV 13-03972-JAK (PLAx)

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transcript, and listing on a separate piece of paper the numbers of the pages of the

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transcript containing Protected Material designated CONFIDENTIAL, inserting the

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page number list at the end of the transcript, and mail serving copies of the list to

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counsel for all Parties so that it may be affixed to the face of the transcript and each

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copy thereof. Pending such designation by counsel, the entire deposition transcript,

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including exhibits, shall be deemed CONFIDENTIAL. If no designation is made

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within fourteen (14) calendar days after receipt of the transcript, the transcript shall

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be considered not to contain any Protected Material other than those portions

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designated on the record during the deposition, if any.

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9.

Use Of Protected Material At A Deposition. If, during the course of

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any deposition, (a) an attorney-of-record for any Party desires to make inquiry into

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information subject to the designation of CONFIDENTIAL or (b) an attorney-of-

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record for any Party asserts that an answer to a specific inquiry is subject to the

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foregoing designation, the attorney shall make such inquiry only in the presence of

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those persons authorized to access to such information. Such testimony shall be

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designated as CONFIDENTIAL as appropriate, and the Parties to this Protective

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Order shall treat it as subject to the provision for disclosure set forth in this

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Protective Order. Counsel for either Party shall have the right to exclude from oral

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depositions, other than the deponent and the reporter, any person who is not

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authorized by this Protective Order to receive documents or information designated

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CONFIDENTIAL. Such right of exclusion shall be applicable only during periods

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of examination or testimony directed to or comprising CONFIDENTIAL

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information.

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10.

Court Reporter At Deposition. Any court reporter at a deposition

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shall agree, before transcribing any testimony designated as protected, that all

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Protected Material is and shall remain CONFIDENTIAL and shall not be disclosed

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except as provided under this Order.

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ATTORNEYS AT LAW
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No. CV 13-03972-JAK (PLAx)

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[PROPOSED]
PROTECTIVE ORDER

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11.

Treatment

Of

Protected

Material

During

Inspection

Of

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Documents. It is contemplated that a Party might make available certain of its files

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for inspection by other Parties, which files may contain confidential as well as non-

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confidential material, and that following such inspection, the inspecting party will

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designate documents to be copied and the copies will be furnished or produced to it.

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All documents and their contents made available for such inspection shall be treated

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as CONFIDENTIAL until the Party allowing inspection has had a reasonable

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opportunity, not to exceed fourteen (14) calendar days, to designate and mark those

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documents which were copied as CONFIDENTIAL.

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12.

Copies, Summarizations, Extracts Protected.

Protected Material

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designated under this Order shall include, without limitation: (a) all copies, extracts,

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and complete or partial summaries prepared from such documents, things, or

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information so designated; (b) portions of deposition transcripts and exhibits to

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deposition transcripts that contain, summarize, or reflect the content of any such

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documents, things, or information; and (c) portions of briefs, memoranda, or any

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other writings filed with the Court and exhibits thereto that contain, summarize, or

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reflect the content of any such documents, things, or information.

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13.

Pleadings And Briefs Containing Protected Material. To the extent

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that any Party seeks to file any paper with the Court that contains, summarizes, or

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reflects any Protected Material, the Party shall request that the material be filed

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under seal pursuant to the procedures set forth in Central District of California

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Local Civil Rule 79-5.1, unless the Parties agree that the documents can be redacted

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to remove the Protected Material.

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demonstrate good cause for the under seal filing.

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14.

The request to file under seal must

Court Hearings And Other Proceedings. Nothing contained in this

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Protective Order shall be construed to prejudice any Party’s right to use before the

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Court any Protected Material.

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otherwise authorized to be so used hereunder, the Party intending to use Protected

However, before doing so, to the extent not

COOLEY LLP
ATTORNEYS AT LAW
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No. CV 13-03972-JAK (PLAx)

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[PROPOSED]
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Material shall so inform the Court and the Producing Party, and any Party or Third

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Party may apply to the Court for appropriate protection, including clearing the

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hearing room or courtroom of persons not entitled to receive Protected Material

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pursuant to paragraph 6.

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15.

Testimony At Pretrial Court Hearings And Other Proceedings.

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All testimony elicited during hearings and other proceedings that counsel for a

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Party or Third Party indicated on the record may be subject to the protections of this

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Order shall be deemed CONFIDENTIAL until the expiration of twenty one (21)

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calendar days after delivery of a copy of the transcript of the testimony by the court

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reporter to counsel who requested a copy of the transcript. Within the twenty one

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(21) calendar day period following such mailing of the transcript, any Party may

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move to seal the transcript under Local Civil Rule 79-5.1, designating all or any

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portion of the testimony as CONFIDENTIAL. Upon being informed that certain

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portions of a transcript are designated as CONFIDENTIAL, each Party must have

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each copy in their custody, possession or control immediately marked with the

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appropriate designation at the appropriate pages. Such designation must remain

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until the Court rules on the motion to seal.

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16.

This Order Only Applies To Pretrial Discovery. Nothing contained

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in this Order shall restrict or limit any Party’s right to present Protected Material to

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the Court during a trial in the Action. The use of Protected Material at trial shall be

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governed by the pretrial order.

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17.

This Order Does Not Apply To Non-Private Information. The

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restrictions set forth in this Protective Order shall not apply to documents, things, or

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information that: (a) have been publicly disclosed or become public knowledge in a

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manner other than through a violation of this Order; or (b) have been independently

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obtained by the Receiving Party. If the Producing Party challenges the Receiving

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Party’s invocation of this provision, then the Receiving Party shall provide

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[PROPOSED]
PROTECTIVE ORDER

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written documentation showing the material falls within categories of non-

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private information referenced in this provision.

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18.

Challenge To Designations. If a Receiving Party seeks removal of

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protection for particular items designated as Protected Material on the ground that

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such protection is not warranted under controlling law, the following procedure

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shall be used:

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a.

The Receiving Party seeking such removal shall give counsel of

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record for the Producing Party, notice thereof, in writing by facsimile or email

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followed by a hard copy sent next business day courier, specifying the documents,

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things, or information for which such removal is sought and the reasons for the

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request. The Producing Party shall have ten (10) business days after receiving that

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notification within which to object to the removal of protection afforded by this

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Protective Order. Any such objection shall be made in writing (by facsimile or

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email followed by a hard copy sent next business day courier). Failure to object

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within the requisite time limit is deemed a waiver of any claim to protection for that

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specific document, thing, or information under this Protective Order.

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b.

If the Producing Party objects to the removal of the protection

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afforded by this Protective Order and the Receiving Party intends to submit the

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dispute to the Court for a ruling, the Receiving Party shall request to meet-and-

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confer with the Producing Party. Local Civil Rule 37-1 shall govern the meet-and-

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confer process.

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c.

If the Parties cannot reach agreement concerning the matter, the

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Receiving Party seeking such removal may submit to the Court for ruling a noticed

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motion to be relieved entirely or in part from the provisions of this Protective

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Order. The noticed motion shall be made in accordance with Local Civil Rule 37.

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The designated material shall continue to be treated in accordance with the original

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designation until the issue is resolved by Order of this Court or by agreement of the

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Parties.

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PROTECTIVE ORDER

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19.

No Waiver By Failure To Challenge Designation. For purposes of

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the Action or any other action, no Party concedes that any Protected Material

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designated as CONFIDENTIAL does in fact contain or reflect Protected Material.

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A Party shall not be obligated to challenge the propriety of the designation of

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Protected Material at the time made, and failure to do so shall not preclude a

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subsequent challenge.

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20.

Inadvertent Disclosure Of Protected Material. The failure by a

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Producing Party to designate specific documents or materials as Protected Material

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shall not, by itself, be deemed a waiver in whole or in part of a claim of

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confidentiality as to such documents or materials. Upon written notice to the

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Receiving Party of such failure to designate, or of incorrect designation, the

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Receiving Party shall cooperate to retrieve disseminated copies, and restore the

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confidentiality of the inadvertently disclosed information beyond those persons

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authorized to review such information pursuant to paragraph 6, and shall thereafter

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take reasonable steps to ensure that the Protected Material is treated in accordance

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with the designation.

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Protective Order with respect to disclosure that occurred prior to the receipt of

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written notice of the mistaken designation.

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21.

No person or Party shall incur any liability under this

Disclosure To Producing Party’s Personnel.

Nothing in this

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Protective Order shall affect the right of the Producing Party to disclose to its

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officers, directors, employees, consultants, or experts, any documents, things, or

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information designated by it as Protected Material pursuant to this Order; such

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disclosure shall not waive the protection of this Protective Order and shall not entitle

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other Parties or their attorneys to disclose such information, documents, things, or

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information in violation of this Order.

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22.

Disclosure To Unauthorized Persons. If information subject to this

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Protective Order is disclosed to any unauthorized person either through

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inadvertence, mistake, or otherwise without authorization by the Producing Party,

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or other than in the manner authorized by this Protective Order, the person

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responsible for the disclosure shall immediately (a) inform the Producing Party of

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all pertinent facts relating to such disclosure, including without limitation, the

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name, address, and telephone number of the recipient and his or her employer;

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(b) use his or her best efforts to retrieve the disclosed information and all copies

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thereof; (c) advise the recipient of the improperly disclosed information, in writing,

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of the terms of this Protective Order; (d) make his or her best efforts to require the

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recipient to execute an agreement to be bound by the terms of this Protective Order

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in the form of the declaration attached to this Protective Order as Exhibit A; and

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(e) take all other reasonable steps to prevent further disclosure by or to the

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unauthorized person who received the Protected Material.

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23.

“Admissibility” Of Protected Material. This Protective Order shall

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not constitute a waiver of any Party’s or non-party’s right to object to the

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admissibility into evidence of any Protected Material under Federal law.

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24.

All Objections Preserved.

This Protective Order is intended to

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provide a mechanism for handling the disclosure or production of Protected

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Material to which there is no objection other than confidentiality. The protection

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afforded by this Order shall in no way affect a Producing Party’s right to withhold

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or redact documents as: (a) privileged under the attorney-client or other privilege,

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(b) protected by the work product doctrine, or (c) otherwise exempted from

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discovery under Rule 26 of the Federal Rules of Civil Procedure under any law.

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Additionally, this Protective Order shall not prejudice the right of a Party to:

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(a) seek additional protective treatment for any information it considers to be very

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highly sensitive, or otherwise exempt from disclosure, such that the protections in

25

this Protective Order would be insufficient, (b) object to the designation of any

26

document or information as CONFIDENTIAL, or (c) seek any modification of or

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relief from any provision of this Protective Order, either generally or as to any

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No. CV 13-03972-JAK (PLAx)

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[PROPOSED]
PROTECTIVE ORDER

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particular Protected Material, by properly noticed motion with notice to all Parties

2

and their respective counsel.

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25.

Advice To Client. Nothing in this Protective Order shall prevent or

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otherwise restrict counsel from rendering legal advice to the clients in this

5

Litigation and, in the course of this Litigation, relying generally on examination of

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designated Protected Materials; provided, however, that in rendering such advice

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and otherwise communicating with such client, counsel shall not disclose the

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specific contents of Protected Materials to persons not authorized to receive such

9

material pursuant to the Protective Order.

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26.

Inadvertent Disclosure Of Privileged Information.
a.

The inadvertent disclosure of Material covered by the attorney-

12

client privilege, the work-product doctrine, or any other recognized privilege shall

13

be governed by Federal Rule of Evidence 502 and this Protective Order.

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b.

If, in connection with the pending Litigation, a Producing Party

15

inadvertently discloses information subject to a claim of a privilege or protection

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described in paragraph 26(a)

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disclosure of the Inadvertently Disclosed Information shall not constitute or be

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deemed a waiver or forfeiture of any claim of privilege or work-product protection

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that the Producing Party would otherwise be entitled to assert with respect to the

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Inadvertently Disclosed Information and its subject matter.

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c.

(“Inadvertently Disclosed Information”), the

If a claim of inadvertent disclosure is made by a Producing Party

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with respect to Inadvertently Disclosed Information, the Receiving Party shall,

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within five (5) business days, return or destroy all copies of the Inadvertently

24

Disclosed Information and provide a certification of counsel that all such

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Inadvertently Disclosed Information has been returned or destroyed.

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d.

Within twenty-one (21) calendar days of the notification that

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such Inadvertently Disclosed Information has been returned or destroyed, or within

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a different time upon written agreement of the Parties or order of the Court, the

COOLEY LLP
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No. CV 13-03972-JAK (PLAx)

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[PROPOSED]
PROTECTIVE ORDER

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Producing Party shall produce a privilege log with respect to the Inadvertently

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Disclosed Information.

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e.

Nothing in this Protective Order shall limit the right of any Party

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to petition the Court, pursuant to Local Rule 37, for an order compelling

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production of such Inadvertently Disclosed Information, or for an in-camera review

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of the Inadvertently Disclosed Information.

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27.

Good Faith Designations.

Each Party agrees that designation of

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Protected Material and responses to requests to permit further disclosure of

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Protected Material shall be made in good faith and not: (a) to impose burden or

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delay on an opposing Party, or (b) for tactical or other advantage in litigation.

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Further, each Party agrees to make best efforts to avoid as much as possible

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inclusion of Protected Material in briefs and other captioned documents filed in

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court, in order to minimize sealing and designating such documents as Protected

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Material.

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28.

Use Of Information Subject To Protective Order.

Use of any

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information or documents subject to this Protective Order, including all information

17

derived therefrom, shall be restricted to use in this Litigation (subject to the

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applicable rules of evidence and subject to the confidentiality of such materials

19

being maintained) and shall not be used by anyone subject to the terms of this

20

agreement, for any purpose outside of this Litigation or any other proceeding

21

between the Parties. Without limiting the generality of the foregoing sentence, no

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one

23

CONFIDENTIAL obtained in this Litigation to retaliate against, intimidate, report

24

or refer an individual to any governmental authorities, discriminate against in any

25

manner, or harass any other Party or witness, relatives of any other Party or witness,

26

including domestic partners of a party or witness, or any individuals associated with

27

the Parties in any way.

subject

to

this

Protective

Order

shall

use

information

deemed

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

No. CV 13-03972-JAK (PLAx)

-14-

[PROPOSED]
PROTECTIVE ORDER

1

29.

Meet And Confer. Prior to filing any motion or application before the

2

Court to enforce this Protective Order, the moving party shall notify the other

3

Party(ies) in writing and meet and confer in good faith in an attempt to resolve their

4

dispute(s). Local Civil Rule 37-1 shall govern the meet-and-confer process.

5

30.

Injunctive Relief. In the event anyone violates or threatens to violate

6

any of the terms of this Protective Order, the the aggrieved party may, subject to the

7

“meet and confer” requirement set forth above, apply to the Court to obtain

8

injunctive relief against any such person violating or threatening to violate any of

9

the terms of this Protective Order. The motion shall be made in accordance with

10

Local Civil Rule 37. In the event the aggrieved party brings such motion or

11

application, the responding person subject to the provisions of this Protective Order

12

shall not employ as a defense the claim that the aggrieved party possesses an

13

adequate remedy at law. The Parties and Third Parties shall not use or reveal,

14

directly or indirectly, any information in violation of this Protective Order.

15

31.

Other Actions.

If any Party is (a) subpoenaed in another action,

16

(b) served with a demand in another action to which it is a Party, or (c) served with

17

any legal process by one not a party to this action, seeking information or material

18

which was produced or designated as CONFIDENTIAL by someone other than that

19

Party, the Party shall give prompt actual written notice, by hand or facsimile

20

transmission, within ten (10) calendar days of receipt of such subpoena, demand, or

21

legal process, to those who produced the Protected Material as CONFIDENTIAL

22

prior to compliance with the subpoena so as to allow the Producing Party to seek

23

protection from the relevant court(s). Nothing in this Protective Order shall be

24

construed as requiring the Party or anyone else covered by this Protective Order to

25

challenge or appeal any order requiring production of information or material

26

covered by this Protective Order, or to subject itself to any penalties for

27

noncompliance with any legal process or order, or to seek any relief from this

28

Court.

COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

No. CV 13-03972-JAK (PLAx)

-15-

[PROPOSED]
PROTECTIVE ORDER

1

32.

Survival And Final Disposition Of Designated Material.

Final

2

termination of the Litigation, including exhaustion of appellate remedies, shall not

3

terminate the limitations on use and disclosure imposed by the Protective Order.

4

a.

Upon final termination of the Litigation by final judgment

5

(whether by settlement, trial, or otherwise), including the time for filing and

6

resolution of all appeals, or within such other period as the Parties may agree upon,

7

and upon written request of the producing Party, all Protected Material and copies

8

of Protected Material, including such material in the hands of outside experts or

9

consultants, shall be delivered to counsel of record for the Producing Party of such

10

material. In the absence of any such written request, any Protected Material shall

11

be destroyed within sixty (60) calendar days of final termination of the Litigation.

12

In the event of destruction, the producing Party shall promptly be advised in writing

13

that such Protected Material has been destroyed.

14
15

b.

Any Protected Material filed or lodged with and retained by the

Court shall not be subject to the provisions of this paragraph 31.

16

c.

Notwithstanding the foregoing, in-house counsel and Outside

17

Counsel may retain copies of briefs and other papers filed with the Court,

18

deposition transcripts, discovery responses, and attorney work product that contains

19

or constitutes Protected Material. Further, in-house counsel and Outside Counsel

20

are not required to delete information that may reside on their firm’s electronic

21

back-up systems that are over-written in the normal course of business. Any such

22

archival copies that contain or constitute Protected Material remain subject to this

23

Protective Order and shall be maintained in a safe and secure manner.

24

33.

Amendment Or Termination Of Protective Order. No part of the

25

restrictions imposed by this Protective Order may be terminated, except by written

26

stipulation executed by counsel of record for each Producing Party or by an Order

27

of this Court for good cause shown. The terms of this Protective Order shall

28

survive termination of the Action.

COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

No. CV 13-03972-JAK (PLAx)

-16-

[PROPOSED]
PROTECTIVE ORDER

1

34.

Jurisdiction For Enforcement.

The Court retains jurisdiction

2

subsequent to settlement or entry of judgment to enforce the terms of this Protective

3

Order. Each person to whom disclosure of any Protected Information is made

4

agrees to subject himself to the jurisdiction of the Court in which this action is

5

pending for the purpose of proceedings relating to the performance under,

6

compliance with, or violation of this Protective Order.

7

35.

Limitations. Nothing in this Order shall be deemed to restrict in any

8

manner the use by any party of its own documents or materials. Nothing in this

9

Protective Order should be construed as prohibiting a non-party from seeking

10

additional protections of records or information that it owns or controls.

11
12
13

IT IS SO ORDERED
Date: February 6, 2014

14

Hon. Paul L. Abrams
U.S. Magistrate Judge

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16
17
18
19
20
21
22
23
24
25
26
27
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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

No. CV 13-03972-JAK (PLAx)

-17-

[PROPOSED]
PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT CONCERNING
CONFIDENTIAL INFORMATION

3
4
5
1.

6
7

initial, last).
2.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

My name is ___________________________________ (first, middle

I live at ____________________________________ (street address),

____________________ (city), ______________ (state) ________________ (zip
code).
3.

I

am

employed

__________________________

as

a/an

(company),

____________________________________

___________________

by

which

at

(street

is

located

address),

____________________ (city), ______________ (state) ________________ (zip
code). Its telephone number is _____________________.
4.

I have read the attached Protective Order entered in the action of

Isidora Lopez-Venegas, et al. v. Rand Beers, et al., pending in the Central District
of California and bearing Case No. CV 13-03972-JAK, and a copy of the Protective
Order has been given to me.
5.

I agree to be bound by the terms of the Protective Order, and agree that

any Protected Material, within the meaning of the Protective Order, will be used by
me only to assist counsel in connection with the above-referenced litigation or as
otherwise authorized by the Protective Order.
6.

I agree that I will not disclose or discuss Protected Material designated

as CONFIDENTIAL with anyone other than the persons described in paragraph 6
of the Protective Order.

27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

No. CV 13-03972-JAK (PLAx)

-18-

[PROPOSED]
PROTECTIVE ORDER

1

7.

I understand that any disclosure or use of Protected Material in any

2

manner contrary to the provisions of the Protective Order may subject me to

3

sanctions for contempt of the Court’s Order.

4

8.

I agree to be subject in personam to the jurisdiction of the Central

5

District of California in connection with any proceeding relating to the enforcement

6

of the Protective Order.

7
8

I declare under penalty of perjury that the foregoing is true and correct.

9
10
11

____

____

(date)

(signature)

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

No. CV 13-03972-JAK (PLAx)

-19-

[PROPOSED]
PROTECTIVE ORDER