Cornelia Martinez et al v. Optimus Properties, LLC et al

Filing 64

PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. (See Order for details) re Stipulation for Protective Order, #63 (vm)

1 MARK D. ROSENBAUM (SBN 59940)
[e-mail]
2 WILBERT H. WATTS (SBN 228350)
[e-mail]
3 DEEPIKA SHARMA (SBN 256589)
[e-mail]
4 SARAH E. TRUESDELL (SBN 258642)
[e-mail]
5 ALISA L. HARTZ (SBN 285141)
[e-mail]
6 PUBLIC COUNSEL
610 S. Ardmore Avenue
7 Los Angeles, California 90005
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Plaintiffs
10 THOMAS H. CITRON (SBN 182142)
thomas. [e-mail]
11 KATHERINE A. TATIKIAN (SBN 142665)
[e-mail]
12 CITRON & CITRON
3420 Ocean Park Blvd., Suite 3030
13 Santa Monica, CA 90405
Telephone: [phone]
14 Facsimile: [phone]
15 Attorneys for Defendants
16 Additional counsel listed following caption
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
) Case No.: 2:16-cv-08598-SVW MRWx
CORNELIA MARTINEZ, an
)
individual; et al.,
) STIPULATED PROTECTIVE ORDER
)
Plaintiffs,
)
) Hon. Stephen V. Wilson
v.
)
) Hon. Michael R. Wilner
OPTIMUS PROPERTIES, LLC, a )
California corporation; et al.,
)
)
)
Defendants.
)
)
)
)

[PROPOSED] STIPULATED PROTECTIVE ORDER

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MATTHEW E. SLOAN (SBN 165165)
[e-mail]
EMILY LUDMIR AVIAD (SBN 251995)
[e-mail]
DANIEL O. BLAU (SBN 305008)
[e-mail]
ROSS M. CUFF (SBN 275093)
[e-mail]
RACHAEL T. SCHIFFMAN (SBN 292005)
[e-mail]
ANTONIETA M. PIMIENTA (SBN 304105)
[e-mail]
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue, Suite 3400
Los Angeles, California 90071-3144
Telephone: [phone]
Facsimile: [phone]

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11 CHRISTOPHER BRANCART (SBN 128475)
[e-mail]
12 BRANCART & BRANCART
8205 Pescadero Road
13 Loma Mar, California 94021
Telephone: [phone]
14 Facsimile: [phone]
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ANNE P. BELLOWS (SBN 293722)
16 [e-mail]
PUBLIC ADVOCATES INC.
17 131 Steuart Street, Suite 300
San Francisco, California 94105
18 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiffs
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21 BARRY J. REAGAN (SBN 156095)
22 [e-mail]
SLAUGHTER, REAGAN & COLE, LLP
23 625 East Santa Clara Street, Suite 101
24 Ventura, CA 93001
Telephone: [phone];
25 Facsimile: [phone]
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Attorneys for Defendants
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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1.

INTRODUCTION
1.1

PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,
proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may be
warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter
the following Stipulated Protective Order. The parties acknowledge that this Order
does not confer blanket protections on all disclosures or responses to discovery and
that the protection it affords from public disclosure and use extends only to the
limited information or items that are entitled to confidential or highly confidential
treatment under the applicable legal principles. The parties further acknowledge, as
set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle
them to file confidential information under seal; Civil Local Rule 79-5 sets forth the
procedures that must be followed and the standards that will be applied when a party
seeks permission from the court to file material under seal. This protective order is a
qualified protective order pursuant to 45 C.F.R. § 164.512(e)(v).
1.2

GOOD CAUSE STATEMENTS

(a)

Plaintiffs’ Statement Of Good Cause

Plaintiffs – tenants and two advocacy organizations – sue defendants, owners
and operators of apartment buildings in the Koreatown neighborhood of Los
Angeles, alleging that defendants engaged in a pattern or practice of housing
discrimination in violation of the federal Fair Housing Act and several state statutes.
Defendants’ discovery in this action will concern plaintiffs’ households and
tenancies, which may implicate personal information about their employment and
housing, thus potentially compromising plaintiffs’ privacy rights. Such information
therefore warrants CONFIDENTIAL treatment.

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Plaintiffs also anticipate the disclosure of protected health information subject
to the Health Insurance Portability and Accountability Act (45 C.F.R. § 164)
(“HIPAA”). Several plaintiffs allege that they are disabled. Defendants may seek
discovery regarding their disabilities, including communications with employees of
HIPAA-covered providers regarding their health and housing. Information covered
by HIPAA warrants heightened protection. The disclosure of a plaintiff’s HIPAAprotected medical information violates the plaintiff’s privacy, threatens his or her
ongoing treatment, and could put his or her health and economic future at risk.
Moreover, there could be civil or criminal penalties for a medical entity that
discloses HIPAA-covered materials. Such information therefore warrants HIGHLY
CONFIDENTIAL treatment.
(b)

Defendants’ Statement Of Good Cause

Plaintiffs’ discovery in this action has to date included more than 134
Requests for Production of Documents which contain Defendants’ “HIGHLY
CONFIDENTIAL” documents and information, including Private, Proprietary,
Business and Financial Information and Trade Secrets of Defendants and third
parties including other tenants, employees and vendors. Many of the documents and
information are not discoverable in this action as they are not within the “Discovery
Scope and Limits,” mandated by Federal Rule of Civil Procedure 26(b). In addition,
many of those documents are protected from disclosure by the attorney-client
privilege and the attorney work product doctrine, and other applicable privileges and
protections. However, other “HIGHLY CONFIDENTIAL” documents and
information may be discoverable. Federal Courts have repeatedly determined that
private, proprietary, business and financial information and trade secrets are
“HIGHLY CONFIDENTIAL.” See, e.g., Corporate Express Office Products, Inc. v.
Martinez, 2002 WL 31961458, at *2 (C.D. Cal. 2002) (proprietary business and
financial information determined to be “highly confidential”); Tonnemacher v.
Sasak, 155 F.R.D. 193, 195 (D. Ariz. 1994) (business’ internal manuals are “highly
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confidential” and proprietary trade secrets). Good cause exists to provide additional
protections for this “HIGHLY CONFIDENTIAL” information and documents.

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(c)

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Joint Statement of Good Cause

Accordingly, the parties stipulate to a two-tiered system of designation,
enabling parties to designate documents and information as CONFIDENTIAL or
HIGHLY CONFIDENTIAL pursuant to the requirements of Federal Law. For the
above-stated reasons, there is good cause to enter this stipulated protective order.

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2.

DEFINITIONS
2.1

Action: United States District Court, Central District of California, Case

No. 2:16-cv-08598-SVW-MRW, which involves Plaintiffs who reside in the
apartment buildings located at 1423 South Magnolia Avenue, 837 South Normandie
Avenue, 238 South Mariposa Avenue, 756 South Normandie Avenue, and 250 South
Kenmore Avenue, in Los Angeles, and, as required by Judge Wilson’s order (ECF
47), the related actions involving those same buildings, which are Martinez, et al. v.
Optimus Properties, et al., No. 2:17-cv-03581 (1423 S. Magnolia); Ramos, et al. v.
Optimus Properties, et al., No. 2:17-cv-03582 (756 S. Normandie); Escamilla, et al.
v. Optimus Properties, et al., No. 2:17-cv-03583 (250 S. Kenmore); Allen, et al. v.
Optimus Properties, et al., No. 2:17-cv-03584 (837 S. Normandie); and Rivera, et al.
v. Optimus Properties, et al., No. 2:17-cv-03585 (238 S. Mariposa); as well as the
related action of Guerrero, et al. v. Optimus Properties, et al., No. 2:17-cv-03586
(401 S. Kenmore).
2.2

Challenging Party: a Party or Non-Party that challenges the designation

of information or items under this Order.
2.3

“CONFIDENTIAL” Information or Items: information and documents

(regardless of how they are generated, stored or maintained) or tangible things that
qualify for protection under federal law, including but not limited to Federal Rule of

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Civil Procedure 26(c), and as specified above in the Good Cause Statement, but
which do not qualify as “HIGHLY CONFIDENTIAL” Information or Items.
2.4

Counsel: Outside Counsel of Record and House Counsel (as well as

their support staff).
2.5

Designating Party: a Party or Non-Party that designates information or

items that it produces in disclosures or in responses to discovery as Protected
Material.
2.6

Disclosure or Discovery Material: all items, documents and information,

regardless of the medium or manner in which they are generated, stored, or
maintained (including, among other things, testimony, transcripts, and tangible
things), that are produced or generated in disclosures or responses to discovery in
this matter.
2.7

Expert: a person with specialized knowledge or experience in a matter

pertinent to the litigation who has been retained by a Party and/or a Party’s counsel
to serve as an expert witness or as a consultant in this Action.
2.8

“HIGHLY CONFIDENTIAL” Information or Items: information

(regardless of how it is generated, stored or maintained) or tangible things that
qualify for protection as “HIGHLY CONFIDENTIAL” under federal law and as
specified above in the Good Cause Statement.
2.9

House Counsel: attorneys who are employees of a party named in this

Action. House Counsel does not include Outside Counsel of Record.
2.10 Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a party to this action.
2.11 Outside Counsel of Record: attorneys who (1) are not employees or
principals of a party named in this Action, (2) are retained to represent or advise a
Party, and (3) have appeared in this Action on behalf of that Party, subsequently
appear in this action pursuant to an Association of Counsel, or are affiliated with a
law firm which has appeared on behalf of that Party, and includes support staff.
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2.12 Party: any party to this Action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record (and their
support staffs).

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2.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.

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2.14 Professional Vendors: persons or entities that provide litigation support
services (e.g., photocopying, videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data in any form or medium)
and their employees and subcontractors.

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2.15 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”

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2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.

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3.

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The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material.

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SCOPE

Any use of Protected Material at trial will be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.

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4.

DURATION
Even after final disposition of this litigation, the confidentiality obligations

imposed by this Order will remain in effect until a Designating Party agrees
otherwise in writing or a court order otherwise directs. Final disposition will be
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
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or without prejudice; and (2) final judgment herein after the completion and
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
including the time limits for filing any motions or applications for extension of time
pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. The Designating Party must designate for
protection only those parts of material, documents, items, or oral or written
communications that qualify so that other portions of the material, documents, items,
or communications for which protection is not warranted are not swept unjustifiably
within the ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations
that are shown to be clearly unjustified or that have been made for an improper
purpose (e.g., to unnecessarily encumber the case development process or to impose
unnecessary expenses and burdens on other parties) may expose the Designating
Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it
designated for protection do not qualify for protection, that Designating Party must
promptly notify all other Parties that it is withdrawing the inapplicable designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in

this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
under this Order must be clearly so designated before the material is disclosed or
produced.
Designation in conformity with this Order requires:
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(a)

for information in documentary form (e.g., paper or electronic

documents, but excluding transcripts of depositions or other pretrial or trial
proceedings), that the Producing Party affix at a minimum, the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” (hereinafter “Confidentiality
Legend”), to each page that contains Protected Material. If only a portion or portions
of the material on a page qualifies for protection, the Producing Party also must
clearly identify the protected portion(s) (e.g., by making appropriate markings in the
margins).
A Party or Non-Party that makes original documents available for inspection
need not designate them for protection until after the inspecting Party has indicated
which documents it would like copied and produced. During the inspection and
before the designation, all of the material made available for inspection will be
deemed “HIGHLY CONFIDENTIAL.” After the inspecting Party has identified the
documents it wants copied and produced, the Producing Party must determine which
documents, or portions thereof, qualify for protection under this Order. Then, before
producing the specified documents, the Producing Party must affix the appropriate
Confidentiality Legend to each page that contains Protected Material. If only a
portion or portions of the material on a page qualifies for protection, the Producing
Party also must clearly identify the protected portion(s) (e.g., by making appropriate
markings in the margins).
(b)

for testimony given in depositions that the Designating Party either:
(1)

identify the Protected Material on the record, before the close of

the deposition; or
(2)

identify those portions of the transcript constituting Protected

Material within 7 days of receipt of the deposition transcript.
In circumstances where portions of the deposition Testimony are designated
for protection, the transcript pages containing Protected Material shall be separately

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bound by the court reporter, who must affix to the top of each page the appropriate
Confidentiality Legend, as instructed by the Designating Party.

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(c)

any other tangible items, that the Producing Party affix in a prominent place on the
exterior of the container or containers in which the information is stored the
appropriate Confidentiality Legend. If only a portion or portions of the information
warrants protection, the Producing Party, to the extent practicable, will identify the
protected portion(s).

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for information produced in some form other than documentary and for

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to properly designate qualified information or items does not, standing alone,
waive the Designating Party’s right to secure protection under this Order for such
material. Upon timely correction of a designation, the Receiving Party must make
reasonable efforts to assure that the material is treated in accordance with the
provisions of this Order.

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6.

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6.1

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Timing of Challenges. Any Party or Non-Party may challenge a

designation of confidentiality (“CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL”) at any time that is consistent with the Court’s Scheduling Order.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.2

Meet and Confer. The Challenging Party will initiate the dispute

resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1
et seq.
6.3

The burden of persuasion in any such challenge proceeding will be on

the Designating Party. Frivolous challenges, and those made for an improper purpose
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
expose the Challenging Party to sanctions. Unless the Designating Party has waived
or withdrawn the confidentiality designation, all parties will continue to afford the

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material in question the level of protection to which it is entitled under the Producing
Party’s designation until the Court rules on the challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is

disclosed or produced by another Party or by a Non-Party in connection with this
Action only for prosecuting, defending, or attempting to settle this Action. Such
Protected Material may be disclosed only to the categories of persons and under the
conditions described in this Order. When the Action has been terminated, a
Receiving Party must comply with the provisions of section 13 below (FINAL
DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

otherwise ordered by the court or permitted in writing by the Designating Party, a
Receiving Party may disclose any information or item designated
“CONFIDENTIAL” only to:
(a)

the Receiving Party’s Outside Counsel of Record in this Action, as well

as employees of said Outside Counsel of Record to whom it is reasonably necessary
to disclose the information for this Action;
(b)

the officers, directors, and employees (including House Counsel) of the

Receiving Party to whom disclosure is reasonably necessary for this Action;
(c)

the Court and its personnel;

(d)

court reporters and their staff;

(e)

Experts (as defined in this Order) of the Receiving Party to whom

disclosure is reasonably necessary for this Action ;

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(f)

professional jury or trial consultants, mock jurors, and Professional

Vendors to whom disclosure is reasonably necessary for this Action;
(g)

the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;
(h)

during their depositions, witnesses, and attorneys for witnesses, in the

Action to whom disclosure is reasonably necessary, provided that they will not be
permitted to keep any confidential information, unless otherwise agreed by the
Designating Party or ordered by the court. Pages of transcribed deposition testimony
or exhibits to depositions that reveal Protected Material may be separately bound by
the court reporter and may not be disclosed to anyone except as permitted under this
Stipulated Protective Order; and
(i)

any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.
(j)

Before any “CONFIDENTIAL” Information or Items are disclosed to

the persons identified above in Paragraphs 7.2(e)-(i), such persons shall sign a copy
of the Acknowledgment and Agreement to Be Bound (“Acknowledgement”)
attached as Exhibit A. Outside Counsel shall retain the original copies of the
executed Acknowledgement forms.
7.3

Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.

Unless otherwise ordered by the court or permitted in writing by the Designating
Party, a Receiving Party may disclose any information or item designated “HIGHLY
CONFIDENTIAL” only to:
(a)

the Receiving Party’s Outside Counsel of Record in this Action, as well

as employees of said Outside Counsel of Record to whom it is reasonably necessary
to disclose the information for this Action;
(b)

the Court and its personnel;

(c)

court reporters and their staff;

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(d)

disclosure is reasonably necessary for this Action;

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(e)

(f)

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(g)

requests that the witness sign the Acknowledgement attached as Exhibit A hereto;
and (2) they will not be permitted to keep any confidential information, unless
otherwise agreed by the Designating Party or ordered by the court. Pages of
transcribed deposition testimony or exhibits to depositions that reveal Protected
Material may be separately bound by the court reporter and may not be disclosed to
anyone except as permitted under this Stipulated Protective Order; and
(h)

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any mediator or settlement officer, and their supporting personnel,

mutually agreed upon by any of the parties engaged in settlement discussions.

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during their depositions, witnesses, and attorneys for witnesses, in the

Action to whom disclosure is reasonably necessary, provided: (1) the deposing party

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the author or recipient of a document containing the information or a

custodian or other person who otherwise possessed or knew the information;

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professional jury or trial consultants, mock jurors, and Professional

Vendors to whom disclosure is reasonably necessary for this Action;

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Experts (as defined in this Order) of the Receiving Party to whom

(i)

Before any “HIGHLY CONFIDENTIAL” Information or Items are

disclosed to the persons identified above in Paragraphs 7.3(d)-(h), such persons shall
be provided with, and shall execute, a copy of the Acknowledgment attached as
Exhibit A. Outside Counsel shall retain the original copies of the executed
Acknowledgement forms.

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8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation
that compels disclosure of any Protected Material, that Party must:
(a)

promptly notify in writing the Designating Party. Such notification will

include a copy of the subpoena or court order;
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(b)

to issue in the other litigation that some or all of the material covered by the
subpoena or order is subject to this Protective Order. Such notification will include a
copy of this Stipulated Protective Order; and

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(c)

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cooperate with respect to all reasonable procedures sought to be pursued

by the Designating Party whose Protected Material may be affected.

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promptly notify in writing the party who caused the subpoena or order

If the Designating Party timely seeks a protective order, the Party served with
the subpoena or court order will not produce any Protected Material before a
determination by the court from which the subpoena or order issued, unless the Party
has obtained the Designating Party’s permission. The Designating Party will bear the
burden and expense of seeking protection in that court of its Protected Material and
nothing in these provisions should be construed as authorizing or encouraging a
Receiving Party in this Action to disobey a lawful directive from another court.

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9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to documents and information

produced by a Non-Party in this Action and designated as Protected Material. Such
information produced by Non-Parties in connection with this litigation is protected
by the remedies and relief provided by this Order. Nothing in these provisions should
be construed as prohibiting a Non-Party from seeking additional protections.
(b)

In the event that a Party is required, by a valid discovery request, to

produce a Non-Party’s Protected Material in its possession, and the Party is subject
to an agreement with the Non-Party not to produce the Non-Party’s Protected
Material, then the Party will:
(1)

promptly notify in writing the Requesting Party and the Non-

Party that some or all of the documents and/or information requested is subject to a
confidentiality agreement with a Non-Party;
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(2)

Protective Order in this Action, the relevant discovery request(s), and a reasonably
specific description of the information requested; and

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(3)

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(c)

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If the Non-Party fails to seek a protective order from this court within

14 days of receiving the notice and accompanying information, the Receiving Party
may produce the Non-Party’s confidential information responsive to the discovery
request. If the Non-Party timely seeks a protective order, the Receiving Party will not
produce any information in its possession or control that is subject to the
confidentiality agreement with the Non-Party before a determination by the court.
Absent a court order to the contrary, the Non-Party will bear the burden and expense
of seeking protection in this court of its Protected Material.

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make the information requested available for inspection by the

Non-Party, if requested.

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promptly provide the Non-Party with a copy of the Stipulated

(d)

If the Non-Party’s Protected Material also constitutes a Party’s

Protected Material, that Party may designate that Protected Material as either
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” by notifying all other Parties
of that designation within 14 days of receiving notice of the Non-Party’s Protected
Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

Protected Material to any person or in any circumstance not authorized under this
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
persons to whom unauthorized disclosures were made of all the terms of this Order,
and (d) request such person or persons to execute the Acknowledgment that is
attached hereto as Exhibit A.
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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11.

PROTECTED MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other protection,
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
may be established in an e-discovery order that provides for production without prior
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
parties reach an agreement on the effect of disclosure of a communication or
information covered by the attorney-client privilege or work product protection, the
parties may incorporate their agreement in the stipulated protective order submitted
to the court.

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12.

MISCELLANEOUS
12.1 Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this
Protective Order no Party waives any right it otherwise would have to object to
disclosing or producing any information, document or item. Similarly, no Party
waives any right to object on any ground to use in evidence of any of the
information, document or item or other material covered by this Protective Order.
12.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Civil Local Rule 79-5. Protected Material may
only be filed under seal pursuant to a court order authorizing the sealing of the
specific Protected Material at issue. If a Party’s request to file Protected Material
under seal is denied by the court, then the Receiving Party may file the information
in the public record unless otherwise instructed by the court.

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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13.

FINAL DISPOSITION
Within 60 days of the final disposition of this Action, as defined in paragraph

4, each Receiving Party must return all Protected Material to the Producing Party or
destroy such material. As used in this subdivision, “all Protected Material” includes
all copies, abstracts, compilations, summaries, and any other format reproducing or
capturing any of the Protected Material. Whether the Protected Material is returned
or destroyed, the Receiving Party must submit a written certification to the
Producing Party (and, if not the same person or entity, to the Designating Party) by
the 60 day deadline that (1) identifies (by category, where appropriate) all the
Protected Material that was returned or destroyed and (2) affirms that the Receiving
Party has not retained any copies, abstracts, compilations, summaries or any other
format reproducing or capturing any of the Protected Material. Notwithstanding this
provision, Counsel are entitled to retain an archival copy of all pleadings, motion
papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
deposition and trial exhibits, expert reports, attorney work product, and consultant
and expert work product, even if such materials contain Protected Material. Any
such archival copies that contain or constitute Protected Material remain subject to
this Protective Order as set forth in Section 4 (DURATION).

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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14.

Any willful violation of this Order may be punished by civil or criminal

contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
authorities, or other appropriate action at the discretion of the Court.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5
6 Dated: May 24, 2017
7

SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP

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/s/ Matthew E. Sloan
Matthew E. Sloan
Emily Ludmir Aviad
Daniel O. Blau
Ross M. Cuff
Rachael T. Schiffman
Antonieta M. Pimienta

12 Dated: May 24, 2017

PUBLIC COUNSEL

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/s/ Deepika Sharma
Anne K. Richardson
Deepika Sharma
Sarah E. Truesdell

16 Dated: May 24, 2017

BRANCART & BRANCART

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/s/ Christopher Brancart
Christopher Brancart

19 Dated: May 24, 2017

PUBLIC ADVOCATES INC.

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/s/ Anne P. Bellows
Anne P. Bellows

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Attorneys for Plaintiffs

23 Dated: May 24, 2017
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CITRON & CITRON ATTORNEYS AT LAW

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/s/ Thomas H. Citron
Thomas H. Citron
Katherine Tatikian

26 Dated: May 24, 2017
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SLAUGHTER, REAGAN & COLE, LLP

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/s/ Barry J. Reagan
Barry J. Reagan
Attorneys for Defendants
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[PROPOSED] STIPULATED PROTECTIVE ORDER

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: May 25, 2017
HON. MICHAEL R. WILNER
United States Magistrate Judge

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[PROPOSED] STIPULATED PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

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Stipulated Protective Order that was issued by the United States District Court for
the Central District of California on [date] in the case of

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[insert case

name and number]. I agree to comply with and to be bound by all the terms of this
Stipulated Protective Order and I understand and acknowledge that failure to so
comply could expose me to sanctions and punishment in the nature of contempt. I
solemnly promise that I will not disclose in any manner any information or item that
is subject to this Stipulated Protective Order to any person or entity except in strict
compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court
for the Central District of California for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action. I hereby appoint

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[full address],

declare under penalty of perjury that I have read in its entirety and understand the

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[full name], of

[full name] of

[full address and telephone number] as my California agent for
service of process in connection with this action or any proceedings related to
enforcement of this Stipulated Protective Order.
Date:
City and State where signed:
Printed name:
Signature:

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[PROPOSED] STIPULATED PROTECTIVE ORDER