Clay Murray et al v. County of Santa Barbara et al

Filing 31

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 18 . (See Order for details) [Note Changes Made By The Court]. (bem)

1 AARON J. FISCHER (SBN 247391)
[e-mail]
2 DISABILITY RIGHTS CALIFORNIA
3 1330 Broadway, Suite 500
Oakland, CA 94612
NOTE: CHANGES MADE BY THE COURT
4 Telephone: [phone])
Facsimile: [phone])
5
JULIA E. ROMANO (SBN 260857)
6 [e-mail]
7 JENNIFER T. STEWART (SBN 298798)
[e-mail]
8 STACY L. FOSTER (SBN 285544)
[e-mail]
9 KING & SPALDING LLP
10 633 W Fifth Street, Suite 1700
Los Angeles, CA 900781
11 Telephone: [phone]
Facsimile: [phone]
12
Attorneys for Plaintiffs
13
14 [Additional Counsel Listed On Second Page]
15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

17
18 CLAY MURRAY, DAVID FRANCO,
SHAREEN WINKLE, MARIA
19 TRACY, ERICK BROWN, on behalf
of themselves and all others similarly
20 situated,
21
Plaintiffs,

Case No. 2:17-cv-08805-GW-JPR

22

Complaint Filed: December 6, 2017

v.

CLASS ACTION
STIPULATED PROTECTIVE
ORDER

23
24 COUNTY OF SANTA BARBARA,
and SANTA BARBARA COUNTY
25 SHERIFF’S OFFICE,
26
Defendants.
27
28
[PROPOSED] STIPULATED PROTECTIVE ORDER

RICHARD DIAZ (SBN 285459)
[e-mail]
DISABILITY RIGHTS CALIFORNIA
2
350 South Bixel Street, Suite 290
3 Los Angeles, CA 90017
Telephone: [phone]
4 Facsimile: [phone]
5
DON SPECTER (SBN 83925)
6 [e-mail]
CORENE KENDRICK (SBN 226642)
7 [e-mail]
PRISON LAW OFFICE
8 1917 Fifth Street
9 Berkeley, CA 94710
Telephone: [phone]
10 Facsimile: [phone]
1

11 DONALD F. ZIMMER, JR. (SBN 112279)
12 [e-mail]
KING & SPALDING LLP
13 101 Second Street, Suite 2300
San Francisco, CA 94105
14 Telephone: [phone]
Facsimile: [phone]
15
16 JOSHUA C. TOLL (Admitted Pro Hac Vice)
[e-mail]
17 KING & SPALDING LLP
1700 Pennsylvania Ave NW
18 Washington DC 20036
19 Telephone: [phone]
Facsimile: [phone]
20
21
22
23
24
25
26
27
28
-1[PROPOSED] STIPULATED PROTECTIVE ORDER

1 1.

INTRODUCTION

2

1.1

3

This action is likely to involve confidential, proprietary, highly sensitive, or

PURPOSES AND LIMITATIONS

4 private information, or information that could implicate the safety and security of a
5 correctional facility and for which special protection from public disclosure and
6 from use for any purpose other than prosecuting this litigation may be warranted.
7 Accordingly, the parties hereby stipulate to and petition the Court to enter the
8 following Stipulated Protective Order. The parties acknowledge that this Order
9 does not confer blanket protections on all disclosures or responses to discovery and
10 that the protection it affords from public disclosure and use extends only to the
11 limited information or items that are entitled to confidential treatment under the
12 applicable legal principles. The parties further acknowledge, as set forth in
13 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
14 file confidential information under seal; Civil Local Rule 79-5 sets forth the
15 procedures that must be followed and the standards that will be applied when a
16 party seeks permission from the court to file material under seal.
17

1.2

GOOD CAUSE STATEMENT

18

This action is likely to involve confidential, proprietary, highly sensitive, or

19 private information, or information that could implicate the safety and security of a
20 correctional facility for which special protection from public disclosure and from
21 use for any purpose other than prosecution of this action is warranted. Such
22 confidential and proprietary materials and information may consist of, among other
23 things, medical files, personnel files, records that identify inmates and/or parolees,
24 information otherwise generally unavailable to the public, or which may be
25 privileged or otherwise protected from disclosure under state or federal statutes,
26 court rules, case decisions, or common law. Accordingly, to expedite the flow of
27 information, to facilitate the prompt resolution of disputes over confidentiality of
28 discovery materials, to adequately protect information the parties believe they are
-1[PROPOSED] STIPULATED PROTECTIVE ORDER

1 entitled to keep confidential, to ensure that the parties are permitted reasonable
2 necessary uses of such material in preparation for and in the conduct of trial, to
3 address their handling at the end of the litigation, and serve the ends of justice, a
4 protective order for such information is justified in this matter. It is the intent of the
5 parties that information will not be designated as confidential for tactical reasons
6 and that nothing be so designated without a good faith belief that it has been
7 maintained in a confidential, non-public manner, and there is good cause why it
8 should not be part of the public record of this case.
9 2.
10

DEFINITIONS
2.1

ACTION: Murray, et al. v. County of Santa Barbara, et al., U.S.

11 District Court for the Central District of California, Case No. 2:17-cv-08805-GW12 JPR.
13

2.2

CHALLENGING PARTY: a Party or Non-Party that challenges the

14 designation of information or items under this Order.
15

2.3

“CONFIDENTIAL” INFORMATION OR ITEMS: information

16 (regardless of how it is generated, stored or maintained) or tangible things that
17 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified
18 above in the Good Cause Statement.
19

2.4

COUNSEL: Outside Counsel of Record and County Counsel (as well

20 as their support staff).
21

2.5

DESIGNATING PARTY: a Party or Non-Party that designates

22 information or items that it produces in disclosures or in responses to discovery as
23 “CONFIDENTIAL.”
24

2.6

DISCLOSURE OR DISCOVERY MATERIAL: all items or

25 information, regardless of the medium or manner in which it is generated, stored,
26 or maintained (including, among other things, testimony, transcripts, and tangible
27 things), that are produced or generated in disclosures or responses to discovery in
28 this matter.
-2[PROPOSED] STIPULATED PROTECTIVE ORDER

1

2.7

JOINT SUBJECT MATTER EXPERT: a person with specialized

2 knowledge or experience in a matter pertinent to the litigation who has been jointly
3 retained by the Parties to serve as an expert witness or as a consultant in this
4 Action.
5

2.8

JOINT SUBJECT MATTER EXPERT FULL REPORTS AND

6 APPENDICES: a full report prepared by a Joint Subject Matter Expert, with
7 personal identifying information replaced by codes (e.g. Prisoner A) and sensitive
8 security information removed; and (2) a confidential appendix that identifies
9 individual prisoner-patients discussed in the report (e.g. Prisoner A = NAME).
10

2.9

EXECUTIVE SUMMARY: a summary report prepared by a Joint

11 Subject Matter Expert that summarizes the expert’s findings, the factual bases of
12 each of those findings, and recommendations for addressing any identified
13 deficiencies, with personal identifying information replaced by codes (e.g. Prisoner
14 A) and all other confidential and/or sensitive security information removed. The
15 Parties agree that Executive Summaries are, by definition, not Protected Material,
16 so long as they do not contain information that is privileged or otherwise protected
17 from disclosure under state or federal law. Any dispute over whether information
18 contained in an Executive Summary is privileged or otherwise protected from
19 disclosure under state or federal law shall be resolved in accordance with the
20 procedures set forth in Section 6 of this Order. When any such dispute is pending
21 resolution, only the disputed portion will be treated as confidential and redacted as
22 necessary, while all other parts of the Executive Summary shall be treated as non23 confidential.
24

2.10 NON-PARTY: any natural person, partnership, corporation,

25 association, or other legal entity not named as a Party to this action.
26

2.11 OUTSIDE COUNSEL OF RECORD: attorneys who are not

27 employees of a party to this Action but are retained to represent or advise a party to
28 this Action and have appeared in this Action on behalf of that party or are affiliated
-3[PROPOSED] STIPULATED PROTECTIVE ORDER

1 with a law firm which has appeared on behalf of that party, and includes support
2 staff.
3

2.12 PARTY: any party to this Action, including all of its officers,

4 directors, employees, consultants, retained experts, and Outside Counsel of Record
5 (and their support staffs).
6

2.13 PRODUCING PARTY: a Party or Non-Party that produces

7 Disclosure or Discovery Material in this Action.
8

2.14 PROFESSIONAL VENDORS: persons or entities that provide

9 litigation support services (e.g., photocopying, videotaping, translating, preparing
10 exhibits or demonstrations, and organizing, storing, or retrieving data in any form
11 or medium) and their employees and subcontractors.
12

2.15 PROTECTED MATERIAL: any Disclosure or Discovery Material

13 that is designated as “CONFIDENTIAL.”
14

2.16 RECEIVING PARTY: a Party that receives Disclosure or Discovery

15 Material from a Producing Party.
16 3.

SCOPE

17

The protections conferred by this Stipulation and Order cover not only

18 Protected Material (as defined above), but also (1) any information copied or
19 extracted from Protected Material; (2) all copies, excerpts, summaries, or
20 compilations of Protected Material; and (3) any testimony, conversations, or
21 presentations by the Parties, their Counsel, or Non-Party that might reveal
22 Protected Material.
23

Any use of Protected Material at trial shall be governed by the orders of the

24 trial judge. This Order does not govern the use of Protected Material at trial.
25 4.

DURATION

26

Even after final disposition of this litigation, the confidentiality obligations

27 imposed by this Order shall remain in effect until a Designating Party agrees
28 otherwise in writing or a court order otherwise directs. Final disposition shall be
-4[PROPOSED] STIPULATED PROTECTIVE ORDER

1 deemed to be the later of (1) dismissal of all claims and defenses in this Action,
2 with or without prejudice; and (2) final judgment herein after the completion and
3 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
4 including the time limits for filing any motions or applications for extension of
5 time pursuant to applicable law.
6 5.

DESIGNATING PROTECTED MATERIAL

7

5.1

EXERCISE OF RESTRAINT AND CARE IN DESIGNATING

8 MATERIAL FOR PROTECTION.
9

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

10 under this Order must take care to limit any such designation to specific material
11 that qualifies under the appropriate standards. The Designating Party must
12 designate for protection only those parts of material, documents, items, or oral or
13 written communications that qualify so that other portions of the material,
14 documents, items, or communications for which protection is not warranted are not
15 swept unjustifiably within the ambit of this Order.
16

Mass, indiscriminate, or routinized designations are prohibited. Designations

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

If it comes to a Designating Party’s attention that information or items that it

22 designated for protection do not qualify for protection, that Designating Party must
23 promptly notify all other Parties that it is withdrawing the inapplicable designation.
24

5.2

MANNER AND TIMING OF DESIGNATIONS.

25

Except as otherwise provided in this Order (see, e.g., second paragraph of

26 section 5.2.1 and section 5.2.2, below), or as otherwise stipulated or ordered,
27 Disclosure or Discovery Material that qualifies for protection under this Order
28 must be clearly so designated before the material is disclosed or produced.
-5[PROPOSED] STIPULATED PROTECTIVE ORDER

1
2

Designation in conformity with this Order requires:
5.2.1 for information in documentary form (e.g., paper or electronic

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

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

10 inspection need not designate them for protection until after the inspecting Party
11 has indicated which documents it would like copied and produced. During the
12 inspection and before the designation, all of the material made available for
13 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
14 identified the documents it wants copied and produced, the Producing Party must
15 determine which documents, or portions thereof, qualify for protection under this
16 Order. Then, before producing the specified documents, the Producing Party must
17 affix the “CONFIDENTIAL legend” to each page that contains Protected Material.
18 If only a portion or portions of the material on a page qualifies for protection, the
19 Producing Party also must clearly identify the protected portion(s) (e.g., by making
20 appropriate markings in the margins).
21

5.2.2 for testimony given in depositions and exhibits attached to

22 deposition transcripts, the Designating Party must advise the Parties and the court
23 reporter during the deposition or within thirty (30) days thereafter, that the
24 deposition contains Protected Material or Disclosure or Discovery Material the
25 Designating Party intends to designate as CONFIDENTIAL. Upon such notice,
26 the entire transcript (including exhibits) shall be treated as CONFIDENTIAL for
27 thirty (30) days after the deposition, within which time the Designating Party shall
28 advise the Parties and the court reporter of the specific pages and lines, exhibits,
-6[PROPOSED] STIPULATED PROTECTIVE ORDER

1 and/or portions of exhibits where the CONFIDENTIAL information appears. At
2 the conclusion of this thirty (30) day period, transcript pages and exhibits
3 containing CONFIDENTIAL information shall be designated with the
4 “CONFIDENTIAL legend” and shall be treated as Protected Material under this
5 Order. Pages of transcribed deposition testimony or exhibits to depositions that
6 reveal CONFIDENTIAL information or Protected Material may be separately
7 bound by the court reporter and shall not be disclosed to anyone except as
8 permitted under this Stipulated Protective Order.
9

5.2.3 for information produced in some form other than documentary

10 and for any other tangible items, that the Producing Party affix in a prominent
11 place on the exterior of the container or containers in which the information is
12 stored the legend “CONFIDENTIAL.” If only a portion or portions of the
13 information warrants protection, the Producing Party, to the extent practicable,
14 shall identify the protected portion(s).
15

The Parties agree that Joint Subject Matter Expert Full Reports and

16 Appendices are Protected Material and, as such, need not be designated as
17 "CONFIDENTIAL" by any party to qualify for protection under this Order.
18 However, all Joint Subject Matter Expert Full Reports and Appendices must
19 contain the “CONFIDENTIAL legend.” The Parties further agree that Executive
20 Summaries are, by definition, not Protected Material, so long as they do not
21 contain information that is privileged or otherwise protected from disclosure under
22 state or federal law. Any dispute over whether information contained in an
23 Executive Summary is privileged or otherwise protected from disclosure under
24 state or federal law shall be resolved in accordance with the procedures set forth in
25 Section 6 of this Order. When any such dispute is pending resolution, only the
26 disputed portion will be treated as confidential and redacted as necessary, while all
27 other parts of the Executive Summary shall be treated as non-confidential.
28 / / /
-7[PROPOSED] STIPULATED PROTECTIVE ORDER

1

5.3

Inadvertent Failures to Designate. If timely corrected, an

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

CHALLENGING CONFIDENTIALITY DESIGNATIONS

8

6.1

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

9 designation of confidentiality at any time that is consistent with the Court’s
10 Scheduling Order.
11

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

12 resolution process under Local Rule 37.1 et seq.
13

6.3

The burden of persuasion in any such challenge proceeding shall be

14 on the Designating Party. Frivolous challenges, and those made for an improper
15 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
16 parties) may expose the Challenging Party to sanctions. Unless the Designating
17 Party has waived or withdrawn the confidentiality designation, all parties shall
18 continue to afford the material in question the level of protection to which it is
19 entitled under the Producing Party’s designation until the Court rules on the
20 challenge.
21 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

22

7.1

Basic Principles. A Receiving Party may use Protected Material that

23 is disclosed or produced by another Party or by a Non-Party in connection with this
24 Action only for prosecuting, defending, or attempting to settle this Action. Such
25 Protected Material may be disclosed only to the categories of persons and under
26 the conditions described in this Order. When the Action has been terminated, a
27 Receiving Party must comply with the provisions of Section 13 below (FINAL
28 DISPOSITION).
-8[PROPOSED] STIPULATED PROTECTIVE ORDER

1

Protected Material must be stored and maintained by a Receiving Party at a

2 location and in a secure manner that ensures that access is limited to the persons
3 authorized under this Order.
4

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

5 otherwise ordered by the court or permitted in writing by the Designating Party, a
6 Receiving Party may disclose any information or item designated
7 “CONFIDENTIAL” only to:
8

7.2.1 the Receiving Party’s Counsel or Outside Counsel of Record in

9 this Action, as well as employees of said Counsel or Outside Counsel of Record to
10 whom it is reasonably necessary to disclose the information for this Action;
11

7.2.2 the employees of the Receiving Party to whom disclosure is

12 reasonably necessary for this Action;
13

7.2.3 Expert witnesses and/or consultants of the Receiving Party to

14 whom disclosure is reasonably necessary for this Action and who have signed the
15 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16

7.2.4 the court and its personnel;

17

7.2.5 court reporters and their staff;

18

7.2.6 professional jury or trial consultants, mock jurors, and

19 Professional Vendors to whom disclosure is reasonably necessary for this Action
20 and who have signed the “Acknowledgment and Agreement to Be Bound”
21 (Exhibit A);
22

7.2.7 the author or recipient of a document containing the

23 information or a custodian or other person who otherwise possessed or knew the
24 information;
25

7.2.8 during their depositions, witnesses, and attorneys for witnesses,

26 in the Action to whom disclosure is reasonably necessary provided the witness, and
27 attorneys for the witness, sign the “Acknowledgment and Agreement to Be Bound”
28 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the
-9[PROPOSED] STIPULATED PROTECTIVE ORDER

1 court. and
7.2.9 any mediator or settlement officer, and their supporting

2

3 personnel, mutually agreed upon by any of the parties engaged in settlement
4 discussions or appointed by the Court.
5 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

6

PRODUCED IN OTHER LITIGATION

7

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

8 that compels disclosure of any information or items designated in this Action as
9 “CONFIDENTIAL,” that Party must:
8.1.1 promptly notify in writing the Designating Party. Such

10

11 notification shall include a copy of the subpoena or court order unless prohibited
12 by law;
13

8.1.2 promptly notify in writing the party who caused the subpoena

14 or order to issue in the other litigation that some or all of the material covered by
15 the subpoena or order is subject to this Protective Order. Such notification shall
16 include a copy of this Stipulated Protective Order; and
17

8.1.3 cooperate with respect to all reasonable procedures sought to be

18 pursued by the Designating Party whose Protected Material may be affected.
19

If the Designating Party timely seeks a protective order, the Party served

20 with the subpoena or court order shall not produce any information designated in
21 this action as “CONFIDENTIAL” before a determination by the court from which
22 the subpoena or order issued, unless the Party has obtained the Designating Party’s
23 permission or a court so orders. The Designating Party shall bear the burden and
24 expense of seeking protection in that court of its confidential material and nothing
25 in these provisions should be construed as authorizing or encouraging a Receiving
26 Party in this Action to disobey a lawful directive from another court.
27 / / /
28 / / /
- 10 [PROPOSED] STIPULATED PROTECTIVE ORDER

1 ///
2 9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

3

PRODUCED IN THIS LITIGATION

4

9.1.1 The terms of this Order are applicable to information produced

5 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
6 information produced by Non-Parties in connection with this litigation is protected
7 by the remedies and relief provided by this Order. Nothing in these provisions
8 should be construed as prohibiting a Non-Party from seeking additional
9 protections.
10

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

11 request, to produce a Non-Party’s confidential information in its possession, and
12 the Party is subject to an agreement with the Non-Party not to produce the Non13 Party’s confidential information, then the Party shall:
14

(a)

promptly notify in writing the Requesting Party and the

15 Non-Party that some or all of the information requested is subject to a
16 confidentiality agreement with a Non-Party;
17

(b)

promptly provide the Non-Party with a copy of the

18 Stipulated Protective Order in this Action, the relevant discovery request(s), and a
19 reasonably specific description of the information requested; and
20

(c)

make the information requested available for inspection

21 by the Non-Party, if requested.
22

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

23 within 14 days of receiving the notice and accompanying information, the
24 Receiving Party may produce the Non-Party’s confidential information responsive
25 to the discovery request. If the Non-Party timely seeks a protective order, the
26 Receiving Party shall not produce any information in its possession or control that
27 is subject to the confidentiality agreement with the Non-Party before a
28 determination by the court. Absent a court order to the contrary, the Non-Party
- 11 [PROPOSED] STIPULATED PROTECTIVE ORDER

1 shall bear the burden and expense of seeking protection in this court of its
2 Protected Material.
3 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

4

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

5 disclosed Protected Material to any person or in any circumstance not authorized
6 under this Stipulated Protective Order, the Receiving Party must immediately
7 (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use
8 its best efforts to retrieve all unauthorized copies of the Protected Material,
9 (c) inform the person or persons to whom unauthorized disclosures were made of
10 all the terms of this Order, and (d) request such person or persons to execute the
11 “Acknowledgment and Agreement to Be Bound” that is attached hereto as
12 Exhibit A.
13 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR

14

OTHERWISE PROTECTED MATERIAL

15

When a Producing Party gives notice to Receiving Parties that certain

16 inadvertently produced material is subject to a claim of privilege or other
17 protection, the obligations of the Receiving Parties are those set forth in Federal
18 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
19 whatever procedure may be established in an e-discovery order that provides for
20 production without prior privilege review. Pursuant to Federal Rule of
21 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of
22 disclosure of a communication or information covered by the attorney-client
23 privilege or work product protection, the parties may incorporate their agreement
24 in the stipulated protective order submitted to the court provided the Court so
25 allows.
26 12.

MISCELLANEOUS

27

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

28 any person to seek its modification by the Court in the future.
- 12 [PROPOSED] STIPULATED PROTECTIVE ORDER

1

12.2 Right to Assert Other Objections. By stipulating to the entry of this

2 Protective Order no Party waives any right it otherwise would have to object to
3 disclosing or producing any information or item on any ground not addressed in
4 this Stipulated Protective Order. Similarly, no Party waives any right to object on
5 any ground to use in evidence of any of the material covered by this Protective
6 Order.
7

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

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

FINAL DISPOSITION

14

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

15 60 days of a written request by the Designating Party, each Receiving Party must
16 return all Protected Material to the Producing Party or destroy such material. As
17 used in this subdivision, “all Protected Material” includes all copies, abstracts,
18 compilations, summaries, and any other format reproducing or capturing any of the
19 Protected Material. Whether the Protected Material is returned or destroyed, the
20 Receiving Party must submit a written certification to the Producing Party (and, if
21 not the same person or entity, to the Designating Party) by the 60 day deadline that
22 (1) identifies (by category, where appropriate) all the Protected Material that was
23 returned or destroyed and (2) affirms that the Receiving Party has not retained any
24 copies, abstracts, compilations, summaries or any other format reproducing or
25 capturing any of the Protected Material. Notwithstanding this provision, Counsel
26 are entitled to retain an archival copy of all pleadings, motion papers, trial,
27 deposition, and hearing transcripts, legal memoranda, correspondence, deposition
28 and trial exhibits, expert reports, attorney work product, and consultant and expert
- 13 [PROPOSED] STIPULATED PROTECTIVE ORDER

1 work product, even if such materials contain Protected Material. Any such archival
2 copies that contain or constitute Protected Material remain subject to this
3 Protective Order as set forth in Section 4 (DURATION).
4 14.

Any violation of this Order may be punished by any and all appropriate

5 measures including, without limitation, contempt proceedings and/or monetary
6 sanctions.
7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Respectfully Submitted,

8
9 Dated: March 6, 2018
10

By: /s/ Julia E. Romano
Julia E. Romano
KING & SPALDING LLP

11
12

Attorneys for Plaintiffs

13
14 Dated: March 6, 2018
15
16
17

By: /s/ Danielle Drossel
Danielle Drossel
OFFICE OF COUNTY COUNSEL
Attorneys for Defendants

18
19
20

ATTESTATION RE SIGNATORIES
I, Julia E. Romano, hereby attest that the other signatories listed, on whose

21 behalf this filing is submitted, concur in the filing’s content and have authorized
22 the filing.
23
24
25

Executed on March 6, 2018 at Los Angeles, California.
/s/ Julia E. Romano
Julia E. Romano

26
27
28
- 14 [PROPOSED] STIPULATED PROTECTIVE ORDER

EXHIBIT A

1

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2

I, ____________________________ [print or type full name], of

3
4
5
6
7
8
9
10
11
12
13
14
15

__________________________________________________ [print or type full
address], declare under penalty of perjury that I have read in its entirety and
understand the Stipulated Protective Order that was issued by the United States
District Court for the Central District of California on March __, 2018 in the case
of Murray, et al. v. County of Santa Barbara, et al., United States District Court
for the Central District of California, Case No. 2:17-cv-08805-GW-JPR. 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

16
17
18
19
20
21
22
23
24
25
26
27

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 ___________________________
[print or type full name] of ____________________________________________
[print or type 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 sworn and signed: _______________________________
Printed name:
Signature:

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1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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3 DATED: March 8, 2018
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_____________________________________
The Honorable Jean P. Rosenbluth
United States Magistrate Judge

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- 16 [PROPOSED] STIPULATED PROTECTIVE ORDER