N.A. v. Conejo Valley Unified School District et al

Filing 21

STIPULATED PROTECTIVE ORDER by Magistrate Judge John E. McDermott re Stipulation for Protective Order 19 . (See document for details.) (sbou)

Case 2:~p-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 1 of 15 Page ID #:106

1 FAGEN FRIEDMAN & FULFROST,LLP
Lynn Beekman,SBN 149325
2 [e-mail]
David Qbrand, SBN
[e-mail]
6300 wirshire $oulevard Suite 1700
4 Los Angeles California X0048
Phone: 323-~30-4300
5 Fax: [phone]~ 1
6 Attorne s for Defendants CONEJO
VALL~ UNIFIED SCHOOL
C ~CT~G~ RICKERT,and LISA
7 DISO .
8
9

UNITED STATES DISTRICT COURT

TO

CENTRAL DISTRICT OF CALIFORNIA,WESTERN DIVISION

a
~ g ~- 11
N
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~E

12 N.A. a minor, by and through her
guardians ad litem, MARK.Ai3BOTT
13 and CHRISTINA ABBOTT„

Plaintiff,
14,
~ ~
~~
vs.
~ ~ 15
~ ~ ~ ~;, 16 CONEJO VALLEY UNTIED
.
~~
SCH04L DIS1"RICT JEFF RICKERT,
17 an individual• and LISA
~
~
LAMONTAU~NE,an individual; DOES
18 1-30,inclusive„

CASE NO.2:17-cv-08205-RGK(JEIVn
STIPULATED PROTECTIVE
ORDER
The Hon. R. Gary Klausner
Magistrate Judge: Hon. John E.
McDermott
Trial Date:

February 19,2019

Defendants.

19
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1.

PROTECTIVE ORDER
a
.

PURPOSE AND LIlVQTA7TONS

Discovery in this action is Iikely to involve production of confidential,

2 proprietary or private information for which special protection from public
4
2 disclosure and from use for any purpose other than prosecuting this litigation may
5
2 be warranted. Accordingly,the parties hereby stipulate to and petition the Court to
6
2 enter the following Stipulated Protective Order. The parties acknowledge that this
7
2 Order does not confer blanket protections on all disclosures or responses to
8
STIPULATED PROTECTIVE ORDER

Case 2:]~-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 2 of 15 Page tD #:107

discovery and that the protection it affords frgm public disclosure and use extends
2 only tq the limited information or items that are entitled to cgnfidential treatment
3 under the applicable legal principles.
4
S

b. . G04D CAUSE STATEMENT
This action is likely to involve confidential personal employment and student

6 information for which special protection from public discloswre and from use for
7 any purpose other than prosecution of phis action is warranted. Such confidential
8 materials and information consist of, among other things, employee personnel files,
9 student records, discipline records, health information, employee evaluations and
10 information otherwise generally unavailable to the public, or which may be
a
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11 privileged. or otherwise protected from disclosure under state or federal statutes,
12 court rules, case decisions, or common law. Accordingly,to expedite the flow of

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~ q~ 13 'I information, to facilitate the prompt resolution ofdisputes over confidentiality of
.4
~ ~' l discovery materials, to adequately protect information the parties are entitled to keep

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15 confidential, to enswre that the parties are permitted reasonable necessary uses of

~ 8~~, 16 such material in preparation for and in the conduct oftrial, to address then handling
~~ ~ 17 at the end ofthe litigation, and serve the ends ofjustice, a protective order for such
18 information is justified'in this matter. It is the intent ofthe parties that information
19 will not be designated as confidential for tactical reasons and that nothing be so
2 designated without a food faith belief that it has been maintained in a confidential,
0
21 non-public manner,and there is good cause why it should not be part ofthe public
2 'record ofthis case.
2
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c
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ACKNOWLEDGMENT OF PROCEDURE FOR FILING
UNDER SEAL

The parties fi~rther acknowledge, as set forth in Section 12.3, below, that this

2 Stipulated Protective Ox~der does not entitle them to fide confidential information
6
2 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
7
2 and the standards that will be applied when a party seeks percussion from the court
8
.2
STIPULATED PROTECTIVE ORDER

Case 2:]~'r-cv-08205-RGK-JEM Document 19 Filed 10/18
/18 Page 3 of 15 Page ID #:108

to file material under s4al.
2

There is a strong presumption that the public has a right ofaccess to judicial

3 proceedings and records in civil cases. In connection wiith non-dispositive motions,
4 good cause must be shown to support a filing under seal. See Kamakana v. City and
5 County ofHonolulu,447 F.3d 117 ,1176(nth Cir. 2006),Phillips v. Gen. Motors

6 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-YYelbon v SonyElectrics,
7 I
nc., 187 F.R.D. 576,577(E.D. Wis. 1999)(even stipulated protective orders

8 require good cause showing), and a specific showing ofgood cause or compelling
9 reasons with proper evidentiary support and legal justification, must be made with
10 respect to Protected Material that a party seeks to file under seal. The parties' mere
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11 designation ofDisclosure or Discovery Material as CONFIDENTIAL does not
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without the submission ofcompetent evidence by declaration, establishing that the

~ ~~ 13 material sought to be filed .under seal qualifies as confidential, privileged, or
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14 otherwise protectable--constitute good cause.
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15

Further, ifa party requests sealing related to a dispositive motion or 1ria1, then

16 compelling reasons, not only good cause,for the sealing must be shown,and fine
17 reliefsought shall be narrowly tailored to serve the specific interest to be protected.
18 S Pintos v. Pack Creditors Ass'n., 605 F.3d 665,677-79(9th Cir. 2010). For
ee
19 each item or type ofinformation, document, or thing sought to be filed or introduced
2 under seal in connection with a dispositive motion or trial, the party seeking
0
21 protection must articulate compelling reasons, supported by specific facts and legal
22 justification, for the requested sealing order. Again,competent evidence supporting
2 the application to file documents under seal must be provided by declaration.
3
2a

Any document that is not confidential, privileged, or otherwise protectab~e in

ZS its entirety will noY be filed under seal ifthe confidential portions can be redacted. If
2 documents can be redacted, then a redacted version for public viewing, omitting
6
2 only the confidential, privileged, or otherwise protectable portions ofthe document,
7
2 shall be filed. A,ay application that seeks to filedocuments wader seal in their
8
3
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'T'IPULATED PROTECTNS ORDER

Cash 2:~p-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 4 of 15 Page ID #:109

1 ~~ entirety should include an explanation of why redaction is not feasible.
2

2
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DEFINITIONS

3

2
.1

Action: this pending federal Iawsuit, titled N.A. et al. v. Conejo Palley

4 ~~ Un~ed School District, et al., Case No,4:17-cv-06129-KAW
5

2
.2

Challen~in~ Party: a Party or Non-Party that challenges the designation

6 II ofinformation or items under this Order.
7

2
.3

"CONFIDENTIAL"Information or Items: information {regardless of

8 how it is generated, stored or maintained)or tangible things that qualify for
9 protection under Federal Rule of Civil Procedure 26{c), and as specified above in
10 II the Good Cause Statement.
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11

2
.4

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

12 ~ their support staff
.

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2
.5 Designating Party: a Party or Non-Party that designates information or
~ ~~~ 13
~ ~~0 14 items that it produces in disclosures or in responses to discovery as
CONFIDENTIAL."
~ ~~ 15 "
-<
' ~ ~ 16
~
2
.6 Disclosure or Discovery Material: ail items or information,regardless

~~~

i~ ~ ofthe medium or manner in which it is generated, stored, or maintained(including,
18 among other things,testimony, transcripts, and tangible things), that are produced or
19 generated in disclosures or responses to discovery in this matter..
2
0

2
.7

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

21 pertinent to the litigation who has been retained by a Party or its counsel to serve as
2 an expert witness or as a consultant in this Action.
2
2
3

2
.8

House Counsel: attorneys who are employees ofa party to this Action.

4
2 ~ House Counsel does not include Outside Counsel ofRecord or any other outside
2 counsel.
5
2
6

2
.9

Non-Party: amy natural person, partnership, corporation, association or

27 other legal entity not named as a Party to this action.
.

28 ///
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S7`YPULATED PROTECTIVE ORDER

Case 2:~(p-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 5 of 15 Page ID #:110

1

2.10 Outside Counsel ofRecord: attorneys who are not employees ofa party

2 ~~ to this Action but are retained to represent or advise a party to this Action and have
3 appeared in this Action on behalf ofthat party or are affiliated with a law firm that
4 has appeared on behalf ofthat party, and includes support staff.
5

.11 Party: any.party to this Action, including all ofits officers, directors,
2

6 ~~ employees, consultants, retained experts, and Outside Counsel of Record(and their
7 support staffs}.
8

2
.12 Producing Party: a Party or Non-Party that produces Disclosure or

9 ~ Discovery Material in this Action.
10
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2
.13 Professional Vendors: persons or entities that provide litigation support

1l. services (e.g., photocopying, videotaping, translating, preparing exhibits or
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12 demonstrations, and organizing, storing, or retrieving data in any form or medium)
13 and their employees ands subcontractors.
14

2
.14 Protected Material: any Disclosure or Discovery Material that is

E ~~~ 15 ~ designated.as"CONFIDENTIAL."
~ ~:, 16
2
.15 Receivui~ Party: a Party that receives Disclosure or Discovery Material
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17 ~ from a Producing Party.
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3
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19

The protections confen~ed by this Stipulation and Order cover not only

SCOPE

2 Protected Material(as defined above), but also(1)any information copied or
0
21 extracted from Protected Material;(2)all copies, excerpts, summaries, or
2 compilations ofProtected Material; and(3)any testimony, conversations, or
2
2 presentations by Parties or their Counsel that might reveal Protected Material.
3
2
4

Any use ofProtected Material at tria,I shall be governed by the orders ofthe

2 trial judge. This Order does not govern the use ofProtected Material at trial.
5
2
6

4
.

2
7

Once a case proceeds to trial, information that was designated as

DURATION

2 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
8
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ST'IPULAI'ED PROTECTTVE ORDER

Case 2:]~~-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 6 of 15 Page ID #:111

1 as an exhibit at trial becomes public and will be presumptively available to $11
2 members ofthe public,.including the press, unless compelling reasons supported by
3 specific factual findings to proceed otherwise are made to the trialjudge in advance
4 ofthe trial. See Kamakana,447 F.3d at 1180-81 (distinguishing "good cause"
5 showing for sealing documents produced in discovery from "compelling reasons"
6 standard when merits-related documents are part ofcourt record). Accordingly,the
7 terms ofthis protective'order do not extend beyond the commencement ofthe trial.
8

5.

DESIGNATING PROTECTED MATERIAL

9

5.1

Exercise ofRestraint and Care in Desi~g Material fox Protection.

10

Each Party or Non-Party that designates information or items for protection

~ 11 under this Order must take care to limit any such designation to specific material

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12 that qualifies under the appropriate standards. The Designati~rig Party must designate

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13 f protection only those parts of material, documents,items or oral or written
or
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14 communications that qualify so that other portions ofthe material, documents, items

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15 or communications for which protection is not warranted are not swept unjustifiably

' g ~ ~ 16 within the ambit ofthis Oirder.
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0

Mass,indiscriminate or routinized designations are prohibited. Designations

18 that are shown to be clearly unjustified or that have been made for an improper
19 purpose (e.g., to unnecessarily encumber the case development process or to impose
2 unnecessary expenses and burdens on other parties) may expose the Designating
0
21 Party to sanctions.
2
2

Ifit comes to a Designating Party's attention that information or items that it

2 designated for protection do not qualify for protection, that Designating Party must
3
2 promptly notify all other Parties that it is withdrawing the inapplicable designation.
4
2
5

5.2

Manner and Timing ofDesignations. Except as otherwise provided in

2 this Order(see, e.g., second paragraph ofsection 5.2{a) below), or as otherwise
6
2 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
7
2 under thus Order must be clearly so designated before the material is disclosed or
8
6
STIPULATED PROTECTIVE ORDER

Case 2:~p-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 7 of 15 Page ID #:112

1 produced.
2

Designation~in conformity with this Order requires:

3

(a)

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

4 documents, but excluding transcripts of depositions or other pretrial or trial
5 proceedings),that the Producing Party affix at a minimum,the legend
6 "CONFIDENTIAL"{hereinafter"CONFIDENTIAI,legend"), to each page that
7 contains protected material. If only a portion ofthe material on a page qualifies for
8 protection, the Producing Party also must clearly identify the protected portions)
9 (e.g., by making appropriate markings in the margins).
10

A Party or Non-Party that makes original documents available for inspection

~ 11 need not designate them for protection until after the inspecting Party has indicated

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12 which documents it would like copied and produced. During the inspection and

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, .~.~ ~ 13 before the desi8 anon~ all ofthe material made available for insPaction shall be
~
~ ~ ~ • 14 deemed "CONFIDENTIAL." After the inspecting Pariy has identified the
~ ~ 15 documents it wants copied and produced,the Producing Party must deterniine which
~ ~~
' ~ m 16 documents, or portions thereof, qualify for protection under this Order. Then, before
~
~
P~
, 0 ~ ~ 17 Producing the s ified documents the Producin~ P~Y must affix the
~
18 "CONFIDENTIAL legend" fo each page that contains Protected Material. If only a
19 portion ofthe material on a page qualifies for protection,the Producing Party also
2 must clearly identify the protected portions)(e.g., by making appropriate markings
0
21 in the margins).
22

(b)

for testimony given in depositions that the Designating Party identifies

2 the Disclosure or Discovery Material on the record, before the close ofthe
3
2 deposition all protected testimony.
4
2
5

(c)

for information produced in some form other than documentary and for

2 any other tangible items,that the Producing Party affix in a prominent place on the
6
2 exterior oft.Yie container or containers in which the information is stored the legend
7
2 "CONFIDENTIAL."Ifonly a portion or portions ofthe information warrants
8
7
ST~ULA'I~D PROTECTIVE QRDER

Case 2:]~p-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 8 of 15 Page ID #:113

1 protection,the Producing Party,to the extent practicable, shall identify the protected
2 portion(s).
3

5.3

Inadvertent Failures to Designate. Iftimely corrected, an inadvertent

4 f
ailure to designate qualified information or items does not, standing alone, waive
5 the Designating Party's right to secure protection under this Order for such material.
6 Upon timely correction of a designation, the Receiving Party must make reasonable
7 efforts to assure that the material is treated in accordance with the provisions ofthis
8 Order.
9

6.

CHALLENGING CONFIDENTLALITY DESIGNATIONS

10

6.1

Timinsz of Challenges. Any Party or Non-Party may challenge

11 a designation of confidentiality at any time that is consistent with the Court's
~8
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6
.2

Meet aad Confer. The Challenging Party shall initiate the dispute

14 resolution process under Local Rule 37-1 et seq.
15

6
.3

Joint Stip~}lation. Any challenge submitted to the Court shall be via a

16 ~joint stipulation pursuant to Local Rule 37-2.

~ 17

.4
6

The burden of persuasion in any such challenge pmceeding sha11 be on

18 the Designating Party. Frivolous challenges, and those made for an improper .
19 purpose (e.~., to hazass or impose unnecessary expenses and burdens on other
2 parties) may expose the Challenging Party to sanctions. Unless~the Designating
0
21 Party has waived ar withdrawn the confidentiality~designation, all parties shall
2 continue to afford the material in question the level ofprotection.to which it is
2
2 entitled under the Producing Party's designation until the Court rules on the
3
2 challenge.
4
2
5

7
.

ACCESS TO AND USE 4F PROTECTED MATERIAL

2
6

7
.1

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

2 disclosed or produced by another Party or by a Non-Party in connection with this
7
2 Action only for prosecuting, defending or attempting to settle this Action. Such
8
STIPULATED PROTECTIVE ORDER

Case 2:~p-cv-08205-RGK-JEM Document 19 Filed 10/18J18 Page 9 of 15 Page ID #:114

1 ~~ Protected Material may be disclosed only to the categories ofpersons and under the
2 conditions described in this Order. When the Action has been terminated, a
3 Receiving Party must comply,with the provisions ofsection 13 below {FINAL
4 DISPOSITION.
5

Protected N~aterial must be stored and maintained by a Receiving Party at a

6 location and in a sEcure manner that ensures that access is limited to the persons
7 authorized under this Order.
8

7.2

Disclosure of"CONFIDENTIAL"Information or Items. Unless

9 otherwise ordered,by the court ox pernutted in writing by the Designating Party, a
l Receiving Party may disclose any information or item designated
.0
~

~ 11 "CONFIDENTIAL" only to:
~ ~ 12

(a)

the Receiving Party's Outside Counsel ofRecord in this Action, as well

~g W 13 as employees ofsaid Outside Counsel ofRecord to whom it is reasonably necessary
~ • 14 to disclose the information for this Action;
~~

x5

(b)

the officers, directors, and employees(including House Counsel} ofthe

~ ~ ~ 16 Receiving Pt~rty to whom disclosure is reasonably necessary for this Action;
. 17

(c)

Experts(as defined in this Order)ofthe Receivi~n~g Party to whom

18 disclosure is reasonably necessary for this Action and who have signed the
19 "Acknowledgment and Agreement to Be Bound"(Exhibit A);
24

(d)

the court and its personnel;

21

(e)

court reporters and their staff;

2
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professional jtuy or trial consultants, mock jurors, and Professional

2 Vendors to whomdisclosure is reasonably necessary for this Action and who have
3
2 signed the "Acknowledgment and Agreement to Be Bound"(Exhibit A);
4
2
5

(g}

the author or recipient ofa document containing the information or a

2 custodian or other person who otherwise possessed or knew the information;
6
7
2

(h)

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

2 Action to whom disclosure is reasonably necessary provided:(I)the deposing party
8
9
STIPULATED PROTECTIVE ORDER

Case 2:1 -cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 10 of 15 Page ID #:115

1 requests that the witness sign the form attached as Exhibit 1 hereto; and(2)they will
2 not be permitted to keep any confidential information unless they sign the
Acknowledgment and Agreement to Be Bound"(Exhibit A), unless otherwise
3"
4 agreed by the Designating,Party or ordered by the court. Pages oftranscribed
5 deposition testimony or exhibits to depositions that reveal Protected Material may
6 be separately bound by the court reporter and may not be disclosed to anyone except
7 as permitted under this Stipulated Protective Order; and any mediator ox settlement
8 officer, and then supporting personnel, mutually agreed upon by any ofthe parties
9 engaged in settlement discussions.
101

8
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PRQTEC~'ED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION

1l.

8 ~
~
'~°°~ 12
Ifa Party is served with a subpoena or a court order issued in other litigation
~ ~~ 13 ~ that compels disclosure ofany information or items designated in this Action as
~ -~
CONFIDENTIA.L," that Party must:
c ~' 14 "
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15

(
a)

promptly notify in writing the Designating Party. Such notification

16 ~ shall include a copy ofthe subpoena or court order,
~

~~

~~
(
b) promptly notify in writing the party who caused the subpoena or order
~ ~ 17
18 ~ to issue in the other litigation that some.or all ofthe material covered by the
19 subpoena or order is subject to this Protective Order. Such notification shall include
2 a copy ofthis Stipulated Protective Order; and
0
21

(
c)

cooperate with respect to all reasonable procedures sought to be

2 ! pursued by the Designating Party whose Protected Material may be affected.
2
2
3

(
d)

Ifthe Designating Party timely seeks a protective order, the Party

2 served with the subpoena or court order sha11 not produce any information
4
2 designated in this action as"CONFIDENTIAL" before a determination by the court
5
2 from which the subpoena or order issued, unless the Party has obtained the
6
2 Designating Party's permission. The Designating Party shall bear the burden and
7
2 expense of seelcin~ protection in that court ofits confidential material and nothing in
8
ZO
STIPULATED PROTECTIVE ORDER

Case 2:1A-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 11 of 15 Page tD #:116

1 these provisions should be construed as authorizing or encouraging a Receiving
2 Party in this Action to disobey a lawful directive from another court.
3

9
.

4
5

ANON-PARTY' PROTECTED MATERIAL SOUGHT TO BE
S
PRODUCED IN THIS LITIGATION

(
a)

The terms ofthis Order are applicable to information produced by a

6 Non-Party in this Action and designated as "C~NFIDEN'TIAL." Such information
7 produced by Non-Parties in connection with this litigation is protected by the
8 remedies and relief provided by this Order. Nothing in these provisions should be
9 construed as prohibiting allon-Party from seeking additional protections.
10

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(b)

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

~ 11 ~ produce a Non-Party's confidential information in its possession, and the Party is
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12 subject to an agreement with the Non-Parry not to produce the Non-Party's

~ ~ 13 ~ confidential information,then the Party shall:
~ ~~~
14
promptly notify m wrrtu~,g the Requesting Party and the Non~ ~
15 ~ Party that some or alI ofthe information requested is subject to a confidentiality
~~
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~ ~~ 16 agreement with allon-Party;
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17

ii

.promptly provide the Non-Party with a copy ofthe Stipulated

18 ~ Protective Order in this Action,the relevant discovery request(s), and a reasonably
19 specific description ofthe information requested; and
2
0

iii

make the information requested available for inspection by the

21 Non-Party, ifrequested.
2
2

(
c)

Ifthe Non-Party fails to seek a protective order.from this court within

2 14 days ofreceiving the notice and accompanying information,the Receiving Party
3
2 may produce the Non-Party's confidential information responsive to the discovery
4
2 request. Ifthe Non-Party timely seeks a protective order, the Receiving Party shall
5
6
2 not produce any information in its possession or control that is subject to the
' ffi
n
2 confidentiality agreement with the Non-Party before a determination by the court.
7
2 Absent a court order to the contrary,the Non-Party shall bear the burden and
8
11
STIPULATED PROTECTIVE ORDER

Case 2:1~-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 12 of 15 Page ID #:117

1 expense ofseeking protection in this court ofits Protected Material.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

2

10.

3

Ifa Receiving Party learns that, by inadvertence or otherwise, it has disclosed

4 Protected Material to any person or in any circumstance not authorized under this
5 Stipulated Protective Order,the Receiving Party must immediately(a)notify in
6 writing the Designating Party ofthe unauthorized disclosures,(b)use its best efforts
7 to retrieve all unauthorized copies ofthe Protected Material,(c)inform the person or
8 persons to whom unauthorized disclosures were made of all the terms ofthis Order,
9 and(d)request such person or persons to execute the "Acknowledgment and
10 Agreement to Be Bound" that is attached hereto as Exhibit A.
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11.

INADVERTENT PR4DUC'TION OF PRNILEGED OR

M

OTI~RWISE PROTECTED MATERIAL

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When a Producing Party dives notice to Receiving Parties that certain

14' inadvertently produced~material is subject to a claim of privilege or other protection,
15 the obligations ofthe Receiving Parties are those set forth in Federal Rule of Civil

~ ~~~, 16 Procedure 26(b)(S~B). This provision is not intended to modify whatever procedure
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17 may be established in an e-discovery order that provides for production without
18 prior privilege review. Pursuant to Federal Rule ofEvidence 502(d)and (e), insofar
19 as the parties reach an agreement on the effect ofdisclosure ofa communication or
2 information covered by the attorney-client privilege or work product protection, the
0
21 parties may incorporate their agreement in the sripulated protective order submitted
2 to the court.
2
2
3

12.

MISCELLANEOUS

2
4

12.1 Right to Further Relief. Nothing in this Order abridges the right ofany

2 person to seek its modification by the Court in the future.
5
2
6

12.2 Right to Assert Other Objections. By stipulating to the entry ofthis

2 Protective Order, no Party waives any right it otherwise would have to object to
7
2 disclosing or producing any information or item on any ground not addressed in this
8
12
STIPULATED PROTECTIVE ORDER

Case 2:]~'r-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 13 of 15 Page ID #:118

1 Stipulated Protective Order. Similazly, no Party waives any right to object on any
2 ground to use in evidence ofany of the material covered by this Protective Order.
3

12.3 Filing Protected Material. A Party that seeks to file under seal any

4 ~~ Protected Material must comply with Local Civil Rule 79-5. Protected Material may
5 ~~ only be filed under seal pursuant to a court order authorizing the sealing ofthe
6 specific Protected Material at issue. Ifa Party's request to file Protected Material
7 under seal is denied by the court, then the Receiving Party may file the information
8 ~ in the public record unless otherwise instructed by the court.
9
10'~
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13.

FINAL DISPOSITION

After the final disposition of this Action, as defined in paragraph 4, within 60

~ 11 days of a written request by the Designating Party, each Receiving Party must return

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12' all Protected Material to the Producing Party or destroy such material. As used in this
13 subdivision, "all Protected Material" includes all copies, abstracts, compilations,
14 summaries, and any other format reproducing or capturing any of the Protected
15 Material. Whether the Protected Material is returned or destroyed,the Receiving Party
16 must submit a written certification to the Producing Party(and,ifnot the same person

~ ~ ~ 17 or entity, to the Designating Party) by the 60 day deadline that (I) identifies (by
0
18 category, where appropriate)all the Protected Material that was returned or destroyed
19 and (2) affums that the Receiving Party has not retained any copies, abstracts,
2 compilations, summaries or any other format reproducing or capturing any of the
0
21 Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
2 archival copy of all pleadings, motion papers, trial, deposition, and heazing
2
2 transcripts, legal memoranda, correspondence, deposition and trial exhibits,. expert
3
4
2 reports, attorney work product, and consultant and expert work product, even ifsuch
2 materials contain Protected Material. Any such archival copies that contain or
5
2 constitute Protected Material remain subject to this Protective Order as set forth in
6
2 Section 4(DURATIOl~.
7
2 ///
8
13
STIPULATED PRO'T'ECTIVE ORDER

Case 2:17-cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 14 of 15 Page ID #:119

fl

14.

V 1OLATION

2

Any violation of this Order may be punished by appropriate measures,

3 including, without limitation, contempt proceedings and/or monetary sanctions.
4

IT IS SO STIPULATED,THROUGH COUNSEL 4F RECORD.

5

f

6 UATCD: ~~

~,~,2018

LEIGH LAW GROUP,P.C.

7
8
9
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JS
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~ ~~ 12
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2018
c ~~' 14 DATED: August~,
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l6
~
S

By:
and . Leis~h
. Jambeck
Damien T. Troutman
Attorneys For Plaintiff, N.A., a minor, by and
through I~er guardians ad litem, MARK and
CHRISTINA ABBOTT

A
`L

FAGEN FR(EDMAN & FULFROST,LLP

J N

~a
~

By:
Lynn Beekman
David Obrand
Attoireys for Defendants, CONEJ~ VALLEY
iJNIF1ED SC1i00L DISTRICT,JEFF
RICKERT,and LISA LAMONTAGNE

3 17
18
19 ~
2
0
~l

FOR GOOD CAUSE SHOWN,1T IS SO ORDERED

22
2
3
24 DATED: wL'~

1

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T
--

2
3
2
6
27

~~

~
-~

.•

2
8
14
STIPULATED PROTECTIV(i ORDER

Case 2:1 -cv-08205-RGK-JEM Document 19 Filed 10/18/18 Page 15 of 15 Page ID #:120

1

EI~IIi~BIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I
,

(print or type full name],of

4

[
print or type full address],

S declare under penalty ofperjury that I have read in its entirety and understand the
Stipulated Protective Oirder that was issued by the United States District Court for
the Central District of California on

[date] in the case ofN.A. et al. v.

Conejo Palley Unified School District, et al., Case No, 4:17-cv-06129KAW.Iagree to comply with and to be bound by all the terms ofthis Stipulated
10 Protective Order and I understand and acknowledge that failure to so comply could
11 expose me to sanctions and punishment in the nature ofcontempt. I solemrily
_8

~~~

12' promise that I will not disclose in any manner any information or item that is subject
13 to this Stipulated Protective Order to any person or entity except in strict compliance

~~ W ~ 14 with the provisions ofthis Order. I further agree to submit to the ~urisdichon ofthe
w
E~ ~
, y
~

~~

~~

15 United States District Court for the Central District of California for enforcing the
16 terms ofthis Stipulated Protective Order,even ifsuch enforcement proceedings
17 occur after termination ofthis action.
I hereby appoint [print or type full name]of

18

print or type full address and telephone number]as my
[

19

2 California agent for service of process in connection with this action or any
0
21 proceedings related to enforcement ofthis Stipulated Protective Order.
2 Date:
2
2 City and State where sworn and Signed:
3
4
2
2 Name:
5

Signature:

2
6
~so-~o6r~ioa6o.~

2
7
2
8
15
STIPULATED PROTECTIVE ORDER

EXHIBIT A