Uriarte-Limon v. In-N-Out Burgers, Inc et al

Filing 22

PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson re Minutes of In Chambers Order/Directive - no proceeding held,, 19 (See Order for details) (rh)

5

CENTER FOR DISABILITY ACCESS
RAYMOND G. BALLISTER, JR., SBN 111282
SARA N. GUNDERSON, ESQ., SBN 302582
Mail: P.O. Box 262490
San Diego, CA 92196-2490
Deliveries: 9845 Erma Road, Suite 300
San Diego, CA 92131
Phone: [phone]
Fax: [phone]
[e-mail]

6

Attorneys for Plaintiff Raul Uriarte-Limon

7

SHEPPARD, MULLIN, RICHTER & HAMPTON
LLP
A Limited Liability Partnership
Including Professional Corporations
GREGORY F. HURLEY, Cal. Bar No. 126791
[e-mail]
MICHAEL J. CHILLEEN, Cal. Bar No. 210704
[e-mail]
650 Town Center Drive, 4th Floor
Costa Mesa, California 92626-1993
Telephone: [phone]
Facsimile: 714.513.5130

1
2
3
4

8
9
10
11
12
13
14

Attorney for Defendant In-N-Out Burgers.

15
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

16
17
18
19

Raul Uriarte-Limon,
Plaintiff,

20
21
22
23

Case No. 2:17-CV-05431-GW (KSX)
STIPULATED PROTECTIVE
ORDER

v.
In-N-Out Burgers, a California
Corporation; and Does 1-10,
Defendants

24
25
26
27

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based on
the parties’ Application for Protective Order for Confidentiality and Disclosures
(“Stipulation”) filed on February 9, 2018, the terms of the protective order to

28

-1[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

which the parties have agreed are adopted as a protective order of this Court

2

(which generally shall govern the pretrial phase of this action) except to the extent,

3

as set forth below, that those terms have been modified by the Court’s amendment

4

of paragraphs 2.14, 4, 6.3, and 12.3 of the Stipulation.

5
6

AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND

7

MODIFIED BY THE COURT1

8
The parties hereby stipulate that the following provisions shall apply to all discovery in

9
10
11

this litigation, to govern the use and dissemination of information, documents, and other
tangible items designated as CONFIDENTIAL INFORMATION as set forth below:

12
1. PURPOSE AND LIMITATIONS
13

Discovery in this action is likely to involve production of confidential, proprietary, or

14

private information for which special protection from public disclosure and from use for

15

any purpose other than prosecuting this litigation may be warranted. Accordingly, the

16

parties hereby stipulate to and petition the Court to enter the following Stipulated

17

Protective Order. The parties acknowledge that this Order does not confer blanket

18

protections on all disclosures or responses to discovery and that the protection it affords

19

from public disclosure and use extends only to the limited information or items that are

20

entitled to confidential treatment under the applicable legal principles. The parties further

21

acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order

22

does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets

23

forth the procedures that must be followed and the standards that will be applied when a

24

party seeks permission from the court to file material under seal.

25
26
1

27
28

The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold
typeface, and the Court’s deletions are indicated by lines through the text being deleted.
-2[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

1.1 GOOD CAUSE STATEMENT

2

This action is likely to involve trade secrets, customer and pricing lists and other valuable

3

research, development, commercial, financial, technical and/or proprietary information for

4

which special protection from public disclosure and from use for any purpose other than

5

prosecution of this action is warranted. Such confidential and proprietary materials and

6
7
8
9
10

information consist of, among other things, confidential business or financial information,
information regarding confidential business practices, or other confidential research,
development, or commercial information (including information implicating privacy rights of
third parties), information otherwise generally unavailable to the public, or which may be
privileged or otherwise protected from disclosure under state or federal statutes, court rules,
case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate

11
12
13
14
15

the prompt resolution of disputes over confidentiality of discovery materials, to adequately
protect information the parties are entitled to keep confidential, to ensure that the parties are
permitted reasonable necessary uses of such material in preparation for and in the conduct
of trial, to address their handling at the end of the litigation, and serve the ends of justice, a
protective order for such information is justified in this matter. It is the intent of the parties

16

that information will not be designated as confidential for tactical reasons and that nothing be

17

so designated without a good faith belief that it has been maintained in a confidential, non-

18

public manner, and there is good cause why it should not be part of the public record of this

19

case.

20
21

The parties may produce, in this ADA access lawsuit alleging architectural barriers at the

22

subject property, architectural plans, construction records, medical records, financial

23

information and other confidential or private materials.

24

protective order to safeguard Plaintiff’s privacy, and to ensure the confidentiality of

25

Defendant’s business and financial records which, if disclosed, would confer an unfair

26

advantage on Defendants’ competitors.

27
28

2. DEFINITIONS
-3[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

The parties therefore seek this

1
2
3

2.1 Challenging Party:

a Party or Non-Party that challenges the designation of

information or items under this Order.
2.2 “CONFIDENTIAL” Information or Items:

information (regardless of how it is

4

generated, stored or maintained) or tangible things that qualify for protection under

5

Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause

6
7
8
9
10

Statement.
2.3 Counsel: Outside Counsel of Record and House Counsel (as well as their support
staff).
2.4 Designating Party: a Party or Non-Party that designates information or items that it
produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5 Disclosure or Discovery Material: all items or information, regardless of the medium

11
12
13
14
15
16
17

or manner in which it is 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.
2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to
the litigation who has been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this Action.
2.7 House Counsel:

attorneys who are employees of a party to this Action. House

18

Counsel does not include Outside Counsel of Record or any other outside counsel.

19

2.8 Non-Party: any natural person, partnership, corporation, association, or other legal

20

entity not named as a Party to this action.

21

2.9 Outside Counsel of Record: attorneys who are not employees of a party to this Action

22

but are retained to represent or advise a party to this Action and have appeared in this

23

Action on behalf of that party or are affiliated with a law firm which has appeared on

24

behalf of that party, and includes support staff.

25

2.10

Party: any party to this Action, including all of its officers, directors, employees,

26

consultants, retained experts, and Outside Counsel of Record (and their support

27

staffs).

28

-4[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

2.11

1

Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this Action.

2

2.12

3

Professional Vendors:

4

services

5

demonstrations, and organizing, storing, or retrieving data in any form or medium) and

photocopying,

videotaping,

translating,

preparing

exhibits

or

their employees and subcontractors.

6

2.13

7

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”

8

2.14

9

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL.”

10
11

(e.g.,

persons or entities that provide litigation support

3.

SCOPE

12
The protections conferred by this Stipulation and Order cover not only Protected
13
Material (as defined above), but also (1) any information copied or extracted from Protected
14
Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3)
15
any testimony, conversations, or presentations by Parties or their Counsel that might reveal
16
17
18
19
20
21
22
23
24
25
26
27
28

Protected Material. Any use of Protected Material at trial shall be governed by the orders of
the trial judge. This Order does not govern the use of Protected Material at trial. However,
the protections conferred by this Stipulation and Order do not cover the following information:
(a) any information that is in the public domain at the time of disclosure to a Receiving Party
or becomes part of the public domain after its disclosure to a Receiving Party as a result of
publication not involving a violation of this Order, including becoming part of the public record
through trial or otherwise; and (b) any information known to the Receiving Party prior to the
disclosure or obtained by the Receiving Party after the disclosure from a source who
obtained the information lawfully and under no obligation of confidentiality to the Designating
Party. Any use of Protected Material at trial shall be governed by a separate agreement or
order.
-5[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

4. DURATION

2

The provisions of this Confidentiality and Protective Order shall not terminate at the

3

conclusion of this action and the obligation to comply shall continue indefinitely thereafter.

4

Following the conclusion of this litigation (defined as the end of this matter by trial, motion, or

5

settlement and, if concluded by motion or trial, the exhaustion of available appeals or the

6
7
8
9
10

running of time for taking such appeals, as provided by applicable law), the Parties subject to
this Protective Order shall, upon request of the Designating Party, make reasonable efforts
to return or destroy all copies of CONFIDENTIAL information, but are not required to return
or destroy attorney work product or pleadings that may include or quote from
CONFIDENTIAL information. As used in this subdivision, “all Confidential Material” includes
all copies, abstracts, excerpts, and any other format reproducing or capturing any

11

CONFIDENTIAL information.

12
13
14
15

Once a case proceeds to trial, all of the information that was designated as confidential or
maintained pursuant to this protective order becomes public and will be presumptively
available to all members of the public, including the press, unless compelling reasons

16

supported by specific factual findings to proceed otherwise are made to the trial judge in

17

advance of the trial. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180-

18

81 (9th Cir. 2006) (distinguishing “good cause” showing for sealing documents produced in

19

discovery from “compelling reasons” standard when merits-related documents are part of

20

court record). Accordingly, the terms of this protective order do not extend beyond the

21

commencement of the trial.

22
23

Even after final disposition of this litigation, the confidentiality obligations imposed by this

24

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court

25

order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of

26

all claims and defenses in this action, with or without prejudice; and (2) final judgment herein

27

after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

28

-6[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

this action, including the time limits for filing any motions or applications for extension of time

2

pursuant to applicable law.

3
4
5
6
7
8
9
10

5. DESIGNATING PROTECTED MATERIAL
5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or NonParty 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.

11
12
13
14
15

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

16

protection do not qualify for protection, that Designating Party must promptly notify all other

17

Parties that it is withdrawing the inapplicable designation.

18

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,

19

e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,

20

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly

21

so designated before the material is disclosed or produced.

22

Designation in conformity with this Order requires:

23

(a) for information in documentary form (e.g., paper or electronic documents, but excluding

24

transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix

25

at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each

26

page that contains protected material. The designation shall be placed on the first page of

27

each document which is bound, stapled, or otherwise affixed by a permanent or semi-

28

permanent means of attachment, and on each page of any document not so affixed. If
-7[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

information is produced in electronic format, such information may be designated as

2

CONFIDENTIAL INFORMATION by placing a stamp or notice on the storage medium. If only

3

a portion or portions of the material on a page qualifies for protection, the Producing Party

4

also must clearly identify the protected portion(s) (e.g., by making appropriate markings in

5

the margins).

6
7
8
9
10

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 shall be deemed “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

11
12
13
14
15

Order. Then, before producing the specified documents, the Producing Party must affix the
“CONFIDENTIAL 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).

16

With respect to documents produced by third parties, designation may be made within 45

17

days after receipt by counsel. With respect to documents made available for inspection and

18

copying, designation need not be made until after inspection and selection by counsel. Any

19

such designated documents shall be stamped “CONFIDENTIAL” by the copying service

20

selected by the inspecting Party.

21
22

(b)

23

Discovery Material on the record, before the close of the deposition all protected testimony.

24

Information disclosed at a deposition (including without limitation, questions, answers and

25

exhibits) may be designated as CONFIDENTIAL INFORMATION by a statement on the

26

record, or in writing within 30 days after completion of the original transcript of the deposition.

27

The entire deposition transcript may not be labeled as CONFIDENTIAL INFORMATION,

28

rather, only specific lines that contain CONFIDENTIAL INFORMATION may be so
-8-

for testimony given in depositions that the Designating Party identify the Disclosure or

[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

designated. If only a portion or portions of the information or item warrant protection, the

2

Designating Party, to the extent practicable, shall identify the protected portion(s).

3

(c)

4

tangible items, that the Producing Party affix in a prominent place on the exterior of the

5

container or containers in which the information is stored the legend “CONFIDENTIAL.” If

6
7

for information produced in some form other than documentary and for any other

only a portion or portions of the information warrants protection, the Producing Party, to the
extent practicable, shall identify the protected portion(s).
5.3 Inadvertent Failures to Designate.

8

If timely corrected, an inadvertent failure to

designate qualified information or items does not, standing alone, waive the

9

Designating Party’s right to secure protection under this Order for such material. Such

10

documents may be subsequently designated as such with written notice of that
11

designation and a replacement copy, marked in accordance with this Protective

12

Order. There will be no breach of this Protective Order for any disclosure made prior

13

to receipt of such notice that would otherwise have been authorized by this Protective

14

Order but for the subsequent designation. Upon timely correction of a designation, the

15

Receiving Party must make reasonable efforts to assure that the material is treated in

16

accordance with the provisions of this Order.

17
18

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

19

6.1 Timing of Challenges.

20

confidentiality at any time that is consistent with the Court’s Scheduling Order.

21

6.2

22

under Local Rule 37.1 et seq. Within seven (7) days of receipt of such challenge, the Parties

23

shall meet-and-confer in good faith in an effort to resolve the matter informally.

24

6.3 If the Parties are unable to resolve their dispute, the Challenging Party, if authorized to

25

do so after complying with Judge Stevenson’s pre-motion procedures, must may file a

26

motion to determine the propriety of the challenged designation. Unless otherwise ordered

27

by the Court, any motion challenging a designation shall be made in strict compliance the

28

Local Rules of the Central District of California, including the Joint Stipulation requirement.
-9-

Any Party or Non-Party may challenge a designation of

Meet and Confer. The Challenging Party shall initiate the dispute resolution process

[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

The burden of persuasion in any such challenge proceeding shall be on the Designating

2

Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or

3

impose unnecessary expenses and burdens on other parties) may expose the Challenging

4

Party to sanctions. Unless the Designating Party has waived or withdrawn the confidentiality

5

designation, all parties shall continue to afford the material in question the level of protection

6
7

to which it is entitled under the Producing Party’s designation until the Court rules on the
challenge.

8
7. ACCESS TO AND USE OF PROTECTED MATERIAL

9
10

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

11
12
13
14
15

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

16

secure manner that ensures that access is limited to the persons authorized under this

17

Order.

18

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the

19

court or permitted in writing by the Designating Party, a Receiving Party may disclose any

20

information or item designated “CONFIDENTIAL” only to:

21

(a)

22

of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

23

information for this Action;

24

(b)

25

the Receiving Party to whom disclosure is reasonably necessary for this Action;

26

(c)

27

reasonably necessary for this Action and who have signed the

28

“Acknowledgment and Agreement to Be Bound” (Exhibit A);
-10-

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

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

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

[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

(d)

the court and its personnel;

2

(e)

court reporters and their staff;

3

(f)

professional jury or trial consultants, mock jurors, and Professional Vendors to whom

4

disclosure is reasonably necessary for this Action and who have signed the

5

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

6

(g)

7
8
9
10

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: (1) the deposing party requests that the
witness sign the form attached as Exhibit 1 hereto; and (2) they will not be permitted to keep
any confidential information unless they sign the “Acknowledgment and Agreement to Be

11
12
13
14

Bound” (Exhibit A), 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

15

(i)

16

upon by any of the parties engaged in settlement discussions to whom disclosure is

17

reasonably necessary for this Action and who have signed the “Acknowledgment and

18

Agreement to Be Bound” (Exhibit A)

any mediator or settlement officer, and their supporting personnel, mutually agreed

19
20

Notwithstanding any restrictions in this Confidentiality and Protective Order regarding the

21

use or disclosure of materials designated as CONFIDENTIAL INFORMATION, nothing

22

contained herein shall prevent any Party from disclosing its own CONFIDENTIAL

23

INFORMATION as deemed appropriate. In addition, nothing contained herein shall prevent

24

any

25

INFORMATION that it received from a source other than the discovery process in this action.

Party

from

disclosing

or

using

information

designated

as

CONFIDENTIAL

26
27
28

8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION
-11[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

If a Party is served with a subpoena or a court order issued in other litigation that compels

2

disclosure of any information or items designated in this Action as “CONFIDENTIAL,” that

3

Party must:

4

(a)

5

shall include a copy of the subpoena or court order;

6

(b)

7
8
9
10

promptly notify in writing the Designating Party. Such notification

promptly notify in writing the party who caused the subpoena or order 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 shall include a copy of this Stipulated Protective
Order; and

(c)

cooperate with respect to all reasonable procedures sought to be pursued by the

Designating Party whose Protected Material may be affected.
11
12
13
14
15

If the Designating Party timely seeks a protective order, the Party served with the subpoena
or court order shall not produce any information designated in this action as
“CONFIDENTIAL” 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 shall bear the burden and expense of seeking protection in that court of its confidential

16

material and nothing in these provisions should be construed as authorizing or encouraging

17

a Receiving Party in this Action to disobey a lawful directive from another court.

18
19

9. A

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

20

PRODUCED IN THIS LITIGATION

21

(a) The terms of this Order are applicable to information produced by a Non-Party in

22

this Action and designated as “CONFIDENTIAL.” Such information produced by

23

Non-Parties in connection with this litigation is protected by the remedies and relief

24

provided by this Order. Nothing in these provisions should be construed as

25

prohibiting a Non-Party from seeking additional protections.

26

(b) In the event that a Party is required, by a valid discovery request, to produce a

27

Non-Party’s confidential information in its possession, and the Party is subject to

28

-12[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

an agreement with the Non-Party not to produce the Non-Party’s confidential

2

information, then the Party shall:
1. promptly notify in writing the Requesting Party and the Non-Party

3
4

that some or all of the information requested is subject to a confidentiality agreement with a

5

Non-Party;

6
7
8
9
10

2. promptly provide the Non-Party with a copy of the Stipulated Protective
Order in this Action, the relevant discovery request(s), and a reasonably
specific description of the information requested; and
3. make the information requested available for inspection by the Non-Party, if
requested.
If the Non-Party fails to seek a protective order from this court within 14 days of

11
12
13
14
15

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 shall 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

16

contrary, the Non-Party shall bear the burden and expense of seeking protection in

17

this court of its Protected Material.

18

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

19

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

20

Material to any person or in any circumstance not authorized under this Stipulated Protective

21

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the

22

unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

23

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

24

made of all the terms of this Order, and (d) request such person or persons to execute the

25

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.

26
27
28

11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL
-13[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

When a Producing Party gives notice to Receiving Parties that certain inadvertently

2

produced material is subject to a claim of privilege or other protection, the obligations of the

3

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

4

provision is not intended to modify whatever procedure may be established in an e-discovery

5

order that provides for production without prior privilege review. Pursuant to Federal Rule of

6
7
8
9

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.

10
12. MISCELLANEOUS
11
12
13
14
15

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 or item on any ground not addressed in this Stipulated Protective Order.

16

Similarly, no Party waives any right to object on any ground to use in evidence of any of the

17

material covered by this Protective Order.

18

12.3 Filing Protected Material. If any papers to be filed with the Court contain

19

information and/or documents that have been designated as “Confidential

20

Information,” the proposed filing shall be accompanied by an application to file the

21

papers or the portion thereof containing the designated information or documents (if

22

such portion is segregable) under seal pursuant to Local Rule 79-5.1 et seq.; and

23

the application shall be directed to the judge to whom the papers are directed. For

24

motions, pending the Court’s ruling on the application to seal, the parties may

25

shall publicly file a redacted version of the motion and supporting papers.

26
27

The foregoing procedures do not apply to the use of CONFIDENTIAL INFORMATION

28

during trial. The Parties agree to meet-and-confer in advance of the final pretrial
-14[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1

conference to discuss the use of CONFIDENTIAL INFORMATION at trial in a manner

2

acceptable to the Parties and the Court.

3
4

A Party that seeks to file under seal any Protected Material must comply with Civil Local

5

Rule 79-5. Protected Material may only be filed under seal pursuant to a court order

6
7
8

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.

9
13. FINAL DISPOSITION

10

After the final disposition of this Action, as defined in paragraph 4, within 60 days of a written
11
12
13
14
15

request by the Designating Party, 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

16

Producing Party (and, if not the same person or entity, to the Designating Party) by the 60

17

day deadline that (1) identifies (by category, where appropriate) all the Protected Material

18

that was returned or destroyed and (2)affirms that the Receiving Party has not retained any

19

copies, abstracts, compilations, summaries or any other format reproducing or capturing any

20

of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

21

archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal

22

memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

23

product, and consultant and expert work product, even if such materials contain Protected

24

Material. Any such archival copies that contain or constitute Protected Material remain

25

subject to this Protective Order as set forth in Section 4 (DURATION).

26

//

27

//

28

//
-15[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1
2

14. Any violation of this Order may be punished by any and all appropriate measures
including, without limitation, contempt proceedings and/or monetary sanctions.

3
4

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5
6
7

DATED: February 23, 2018

CENTER FOR DISABILITY ACCESS

8
By: /s/ Sara N. Gunderson
SARA N. GUNDERSON
Attorneys for Plaintiff

9
10
11
12

DATED: February 23, 2018
LLP

SHEPPARD, MULLIN, RICHTER & HAMPTON

13
14
15

By: __/s/ Michael J. Chilleen

16

MICHAEL J. CHILLEEN

17

Attorneys for Defendant

18
19
20

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

21
DATED: March 1, 2018
22
23
24

By: ________________________________

25

KAREN L. STEVENSON

26

United States District/Magistrate Judge

27
28

-16[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

1
EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4

I,

_____________________________

[print

or

type

full

name],

of

5

_________________ [print or type full address], declare under penalty of perjury that I have

6

read in its entirety and understand the Stipulated Protective Order that was issued by the

7

United States District Court for the Central District of California on [date] in the case of

8

___________ [insert formal name of the case and the number and initials assigned to

9
10
11

it by the court]. 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

12

Order to any person or entity except in strict compliance with the provisions of this Order. I

13

further agree to submit to the jurisdiction of the United States District Court for the Central

14

District of California for the purpose of enforcing the terms of this Stipulated Protective

15

Order, even if such enforcement proceedings occur after termination of this action. I hereby

16

appoint

__________________________

[print

or

type

full

name]

of

_______________________________________ [print or type full address and telephone
17
18

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.

19
20

Date: ______________________________________

21

City and State where sworn and signed: _________________________________

22
23

Printed name: _______________________________

24
Signature: __________________________________
25
26
27
28

-17[PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER