Brian Keith Wearren v. Joseph A. Gofferman et al

Filing 106

PLAINTIFF'S DEFENDANTS STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 105 . [See document for further details.] [NOTE: CHANGES MADE BY THE COURT] (et)

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1 2 3 4 5 6 7 8 9 ROB BONTA Attorney General of California CHRISTOPHER H. FINDLEY Supervising Deputy Attorney General ALICE M. SEGAL Deputy Attorney General State Bar No. 288108 600 West Broadway, Suite 1800 San Diego, CA 92101 P.O. Box 85266 NOTE: CHANGES MADE BY THE COURT San Diego, CA 92186-5266 Telephone: (619) 738-9640 Fax: (619) 645-2581 E-mail: Alice.Segal@doj.ca.gov Attorneys for Defendant J. Gofferman IN THE UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 CIVIL DIVISION 12 13 14 15 16 17 v. J. GOFFERMAN, et al., 18 Plaintiff, PLAINTIFF’S AND DEFENDANT’S STIPULATED PROTECTIVE ORDER Hon. Jean P. Rosenbluth Defendants. Judge: Trial Date: None Assigned Action Filed: 11/15/2018 19 20 2:18-cv-09637-JGB-JPR BRIAN KEITH WEARREN, I. INTRODUCTION 21 A. 22 Discovery in this action is likely to involve production of confidential, 23 proprietary, or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may 25 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 26 enter the following Stipulated Protective Order. The parties acknowledge that this 27 Order does not confer blanket protections on all disclosures or responses to 28 discovery and that the protection it affords from public disclosure and use extends Purposes and Limitations 1 1 only to the limited information or items that are entitled to confidential treatment 2 under the applicable legal principles. The parties further acknowledge, as set forth 3 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 4 file confidential information under seal; Civil Local Rule 79-5 sets forth procedures 5 that must be followed and the standards that will be applied when a party seeks 6 permission from the court to file material under seal. 7 B. 8 This action is likely to involve production of confidential, security-related, or 9 Good Cause Statement private information for which special protection from public disclosure and from 10 use for any purpose other than the defense or prosecution of this action is 11 warranted. Such confidential and security materials and information mayconsist of: 12 (1) California Department of Corrections and Rehabilitation (“CDCR”) 13 records regarding the internal investigation into the grievances made by Plaintiff 14 Brian Keith Wearren, the disclosure of which may cause harm to the safety and 15 security of prison officials, the public, or Defendant J. Gofferman. All birthdates, 16 social security numbers, and identifying information of confidential informants will 17 be redacted; 18 (2) Records regarding processes, operations, investigations or other 19 information relating to CDCR prison management, disclosure of which may have 20 the effect of causing harm to the safety and security of prison officials, the public, 21 or Defendant. This may include, but is not limited to, institutional records, 22 photographs, audio or video recordings, witness statements, and emails and other 23 written correspondence. Confidential information is also personal information of 24 Defendant, the disclosure of which places the safety of Defendant, who is a current 25 peace officer, and his family members at risk. Confidential information also 26 includes all personal identifying information of any third party entitled to 27 confidential protection of personal identifying information under California and/or 28 applicable federal law. All birthdates, social security numbers, home and work 2 1 telephone numbers, information about family members, and material identifying a 2 confidential informant will be redacted. (3) Portions of Plaintiff’s prison records that includes investigation results 3 4 containing confidential information related to third parties that is subject to privacy 5 rights, such as other inmates’ names or identifying information; (4) Any material that would reveal the identity of a confidential informant; 6 7 8 9 10 11 and (5) Information not generally made available 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. (6) There is further good cause for protection of certain records as “highly 12 confidential – for in-office review only,” (see number II, 2.4 below) for certain 13 records of confidentially conducted investigations within the prison. These 14 investigations were conducted confidentially, including testimony from inmate and 15 officer witnesses made under assurances of confidentiality. Further, such 16 confidential investigations demonstrate both prison protocols and investigation 17 procedures, which could put correctional staff and inmates at risk if they were 18 released. Accordingly, due to the serious confidential nature of these documents, 19 there is good cause for a higher designation and more controlled dissemination of 20 the information in these documents. 21 Accordingly, to expedite the flow of information, to facilitate the prompt 22 resolution of disputes over confidentiality or discovery materials, to adequately 23 protect information the parties are entitled to keep confidential, to ensure that the 24 parties are permitted reasonable necessary uses of such material in preparation for 25 and in the conduct of trial, to address their handling at the end of the litigation, and 26 serve the ends of justice, a protective order for such information is justified in this 27 matter. It is the intent of the parties that information will not be designated as 28 confidential for tactical reasons and that nothing be so designated without a good 3 1 faith belief that it has been maintained in a confidential, non-public manner, and 2 there is good cause why it should not be part of the public record in this case. 3 II. 4 DEFINITIONS 2.1 Action: this pending federal suit, Wearren v. Gofferman et al., United 5 States District Court, Central District of California, Case No. 2:18-cv-09637-JGB- 6 JPR. 7 8 9 2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 10 how it is generated, stored or maintained) or tangible things that qualify for 11 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 12 the Good Cause Statement. 13 2.4. “HIGHLY CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY” 14 Information or Items: 15 maintained) or tangible things that qualify for protection under Federal Rule of 16 Civil Procedure 26(c), and as specified above in the Good Cause Statement number 17 6. This information will be produced by the Producing Party to the Receiving Party 18 for review in the Producing Party’s office but copies cannot be made and it cannot 19 be produced to the Receiving Party. 20 21 22 information (regardless of how it is generated, stored or 2.5. Counsel: Counsel of record and House Counsel (as well as their support staff). 2.6. Designating Party: a Party or Non-Party that designates information or 23 items that it produces in disclosures or in response to discovery as 24 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – FOR IN-OFFICE REVIEW 25 ONLY.” 26 2.7. Disclosure or Discovery Material: all items or information, regardless of 27 the medium or manner in which it is generated, stored, or maintained (including, 28 among other things, testimony, transcripts, and tangible things), that are produced 4 1 or generated in informal discovery, disclosures, or responses to discovery in this 2 matter. 3 2.8. Expert: a person with specialized knowledge or experience in a matter 4 pertinent to the litigation who has been retained by a Party or its counsel to serve as 5 an expert witness or as a consultant in this Action. 6 2.9. House Counsel: attorneys who are employees of a party to this 7 Action. House Counsel does not include Outside Counsel of Record or any other 8 outside counsel. 9 10 11 2.10. Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.11. Outside Counsel of Record: attorneys who are not employees of a 12 party to this Action but are retained to represent or advise a party to this Action and 13 have appeared in this Action on behalf of that party or are affiliated with a law firm 14 which has appeared on behalf of that party, and includes support staff. 15 2.12. Party: any party to this Action, including all of its officers, directors, 16 employees, consultants, retained experts, and Outside Counsel of Record (and their 17 support staffs). 18 19 20 2.13. Producing Party: a Party or Non-Party that produces Disclosures or Discovery Material in this Action. 2.14. Professional Vendors: persons or entities that provide litigation 21 support services (e.g. photocopying, videotaping, translating, preparing exhibits or 22 demonstrations, and organizing, storing, or retrieving data in any form or medium) 23 and their employees and subcontractors. 24 25 2.15. Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 26 2.16 Receiving Party: 27 Material from a Producing Party. a Party that receives Disclosure or Discovery 28 5 1 III. SCOPE The protections conferred by this Stipulation and Order cover not only 2 3 Protected Material (as defined above), but also (1) any information copied or 4 extracted from Protected Material; (2) all copies, excerpts, summaries, or 5 compilations of Protected Material; and (3) any testimony, conversations, or 6 presentations by Parties or their Counsel that might reveal Protected Material. Any use of Protected Material at trial shall be governed by orders of the trial 7 8 judge. This Order does not govern the use of Protected Material at trial. 9 IV. DURATION Even after the final disposition of this litigation, the confidentiality obligations 10 11 imposed by this Order shall remain in effect until a Designating Party agrees 12 otherwise in writing or a court order otherwise directs. Final disposition shall be 13 deemed the later of (1) dismissal of all claims and defenses in this Action, with or 14 without prejudice; and (2) final judgment herein after the completion and 15 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 16 including the time limits for filing any motions or applications for extensions of 17 time pursuant to applicable law. 18 V. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each Party or Non-Party that designates information or items for protection 21 under this Order must take care to limit any such designation to specific material 22 that qualifies under the appropriate standards. The Designating Party must 23 designate for protection only those parts of material, documents, items, or oral or 24 written communications that qualify so that other portions of the material, 25 documents, items, or communications for which protection is not warranted are not 26 swept unjustifiably within the ambit of this Order. 27 28 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper 6 1 purpose (e.g., to unnecessarily encumber the case development process or to 2 impose unnecessary expenses and burdens on other parties) may expose the 3 Designating Party to sanctions. 4 If it comes to a Designating Party’s attention that information or items that 5 were designated for protection do not qualify for protection, that Designating Party 6 must promptly notify all other Parties that it is withdrawing the inapplicable 7 designation. 8 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g. second paragraph of section 5.2(a) below), or as otherwise 10 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 11 under this Order must be clearly so designated before the material is disclosed or 12 produced. 13 14 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic 15 documents, but excluding transcripts of depositions or other pretrial or trial 16 proceedings), that the Producing Party affix at a minimum, the legend 17 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that 18 contains protected material. If only a portion or portions of the material on a page 19 qualifies for protection, the Producing Party also must clearly identify the protected 20 portion(s) (e.g., by making appropriate markings on the margins). 21 A Party or Non-Party that makes original documents available for inspection 22 need not designate them for protection until after the inspecting Party has indicated 23 which documents it would like copied and produced. During the inspection and 24 before the designation, all of the material made available for inspection shall be 25 deemed “HIGHLY CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY.” 26 After the inspecting Party has identified the documents it wants copied and 27 produced, the Producing Party must determine which documents, or portions 28 thereof, qualify for protection under this Order. Then, before producing the 7 1 specified documents, the Producing Party must affix the “CONFIDENTIAL 2 legend” to each page that contains Protected Material. If only a portion or portions 3 of the material on a page qualifies for protection, the Producing Party must also 4 clearly identify the protected portions(s) (e.g., by making appropriate markings on 5 the margins). 6 (b) for testimony given in depositions, that the Designating Party 7 identify the Disclosure or Discovery Material to be deemed “CONFIDENTIAL” on 8 the record, before the close of the deposition for all protected testimony. 9 (c) for information produced in some form other than documentary and 10 for any other tangible items, that the Producing Party affix in a prominent place on 11 the exterior of the container or containers in which the information is stored the 12 legend “CONFIDENTIAL.” If only a portion or portions of the information 13 warrants protection, the Producing Party, to the extent practicable, shall identify the 14 protected portion(s). 15 (d) for information in documentary form (e.g., paper or electronic 16 documents, but excluding transcripts of depositions or other pretrial or trial 17 proceedings), that the Producing Party affix at a minimum, the legend “HIGHLY 18 CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY” (hereinafter “HIGHLY 19 CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY legend”), to each page that 20 contains protected material. If only a portion or portions of the material on a page 21 qualifies for protection, the Producing Party also must clearly identify the protected 22 portion(s) (e.g., by making appropriate markings on the margins). Any documents 23 identified with the legend “HIGHLY CONFIDENTIAL – FOR IN-OFFICE 24 REVIEW ONLY” will only be released for review within the Producing Party’s 25 office and cannot be removed, photographed, or otherwise copied. 26 The Producing Party will inform the Receiving Party that the information is 27 identified as “HIGHLY CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY” 28 and thus cannot be produced as a document marked “CONFIDENTIAL” would be 8 1 produced. The Producing Party and Receiving Party will then reasonable work to 2 make arrangements by which the Receiving Party can travel to the Producing 3 Party’s office to review the document within Producing Party’s office. 4 (e) for information produced in some form other than documentary and 5 for any other tangible items, that the Producing Party affix in a prominent place on 6 the exterior of the container or containers in which the information is stored the 7 legend “HIGHLY CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY.” If 8 only a portion or portions of the information warrants protection, the Producing 9 Party, to the extent practicable, shall identify the protected portion(s). Any such 10 non-documentary tangible items identified with the legend “HIGHLY 11 CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY” will only be released for 12 review within the Producing Party’s office and cannot be removed, photographed, 13 or otherwise copied. 14 The Producing Party will inform the Receiving Party that the information is 15 identified as “HIGHLY CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY” 16 and thus cannot be produced as an item marked “CONFIDENTIAL” would be 17 produced. The Producing Party and Receiving Party will then reasonable work to 18 make arrangements by which the Receiving Party can travel to the Producing 19 Party’s office to review the document within Producing Party’s office. 20 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent 21 failure to designate qualified information or items does not, standing alone, waive 22 the Designating Party’s right to secure protection under this Order for such 23 material. Upon timely correction of a designation, the Receiving Party must make 24 reasonable efforts to assure that the material is treated in accordance with the 25 provisions of this Order. 26 27 28 9 1 2 VI. CHALLENGING CONFIDENTIAL DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 3 designation of confidentiality at any time that is consistent with the Court’s 4 Scheduling Order. 5 6 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process under Local Rule 37.1, et seq. 6.3. Burden of Persuasion. The burden of persuasion in any such challenge 8 proceeding shall be on the Designating Party. Frivolous challenges, and those 9 made for an improper purpose (e.g., to harass or impose unnecessary expenses and 10 burdens on other parties) may expose the Challenging Party to sanctions. Unless 11 the Designating Party has waived or withdrawn the confidentiality designation, all 12 parties shall continue to afford the material in question the level of protection to 13 which it is entitled under the Producing Party’s designation until the Court rules on 14 the challenge. 15 VII. ACCESS TO AND USE OF PROTECTED MATERIAL 16 7.1. Basic Principles. A Receiving Party may use Protected Material that is 17 disclosed or produced by another Party or by a Non-Party in connection with this 18 Action only for prosecuting, defending, or attempting to settle this Action. Such 19 Protected Material may be disclosed only to the categories of persons and under the 20 conditions described in this Order. When the Action is terminated, a Receiving 21 Party must comply with the provisions of section 13 below (FINAL 22 DISPOSITION). 23 Protected Material must be stored and maintained by a Receiving Party at a 24 location and in a secure manner that ensures that access is limited to persons 25 authorized under this Order. 26 27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a 28 10 1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 4 well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose this information for this Action; 6 7 8 9 10 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this Action; (c) Experts (as defined by this Order) of the Receiving Party to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 (d) the court and its personnel; 12 (e) court reports and their staff; 13 (f) professional jury or trial consultants, mock jurors, and Professional 14 Vendors to whom disclosure is reasonably necessary for this Action and who have 15 signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); 16 17 (g) the author or recipient or a document containing the information or a custodian or other person who otherwise possessed or knew the information; 18 (h) during their depositions, non-party witnesses and attorneys for non- 19 party witnesses, in the Action to whom disclosure is reasonably necessary provided 20 the non-party witness and attorneys for the non-party witness have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 22 agreed by the Designating Party or ordered by the court. Pages of transcribed 23 deposition testimony or exhibits to depositions that reveal Protected Material must 24 be separately bound by the court reporter and may not be disclosed to anyone 25 except as permitted under this Protective Order; and 26 (i) any mediator or settlement officer, and their supporting personnel, 27 mutually agreed upon by any of the parties engaged in settlement discussions or 28 appointed by the Court. 11 1 2 3 VIII. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: 6 7 8 9 (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order unless prohibited by law; (b) 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 10 subpoena or order is subject to this Protective Order. Such notification shall 11 include a copy of this Stipulated Protective Order; and 12 13 14 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 15 the subpoena or court order shall not produce any information designated in this 16 action as “CONFIDENTIAL” before a determination by the court from which the 17 subpoena or order issued, unless the Party has obtained the Designating Party’s 18 permission. The Designating Party shall bear the burden and expense of seeking 19 protection in that court of its confidential material and nothing in these provisions 20 should be construed as authorizing or encouraging a Receiving Party in this Action 21 to disobey a lawful directive from another court. 22 IX. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 23 24 (a) The terms of this Order are applicable to information produced by a 25 Non-Party in this action and designated as “CONFIDENTIAL” as well as 26 information released for review under the designation as “HIGHLY 27 CONFIDENTIAL – FOR IN-OFFICE REVIEW ONLY.” Such information 28 produced by Non-Parties in connection with this litigation is protected by the 12 1 remedies and relief provided by this Order. Nothing in these provisions should be 2 construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to 3 4 produce a Non-Party’s confidential information in its possession, and the Party is 5 subject to an agreement with the Non-Party not to produce the Non-Party’s 6 confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non- 7 8 Party that some or all of the information requested is subject to a confidentiality 9 agreement with a Non-Party; (2) promptly notify the Non-Party with a copy of the Stipulated 10 11 Protective Order in this Action, the relevant discovery request(s), and a reasonably 12 specific description of the information requested; and (3) make the information requested available for inspection by the 13 14 Non-Party, if requested. (c) If the Non-Party fails to seek a protective order from this court within 14 15 16 days of receiving the notice and accompanying information, the Receiving Party 17 may produce the Non-Party’s confidential information responsive to the discovery 18 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 19 not produce any information in its possession or control that is subject to the 20 confidentiality agreement with the Non-Party before a determination by the court. 21 Absent a court order to the contrary, the Non-Party shall bear the burden and 22 expense of seeking protection in this court of its Protected Material. 23 X. 24 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 25 Protected Material to any person or in any circumstance not authorized under this 26 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 27 writing the Designating Party of the unauthorized disclosures, (b) use its best 28 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the 13 1 person or persons to whom unauthorized disclosures were made of all the terms of 2 this Order, and (d) request such person or persons to execute the 3 “Acknowledgement and Agreement to Be Bound” that is attached hereto as Exhibit 4 A. 5 XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 6 7 When a Producing Party gives notice to Receiving Parties that certain 8 inadvertently produced material is subject to a claim of privilege or other 9 protection, the obligations of the Receiving Parties are those set forth in Federal 10 Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 11 whatever procedure may be established in an e-discovery order that provides for 12 production without prior privilege review. Pursuant to Federal Rule of Evidence 13 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure 14 of a communication or information covered by the attorney-client privilege or work 15 product protection, the parties may incorporate their agreement in the stipulated 16 protective order submitted to the court provided the Court so allows. 17 XII. MISCELLANEOUS 18 19 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. 20 12.2 Right to Assert Other Objections. By stipulating to the entry of this 21 Protective Order, no Party waives any right it otherwise would have to object to 22 disclosing or producing any information or item on any ground not addressed in 23 this Stipulated Protective Order. Similarly, no Party waives any right to object on 24 any ground to use in evidence of any of the material covered by this Protective 25 Order. 26 12.3 Filing Protective Material. A Party that seeks to file under seal any 27 Protected Material must comply with Civil Local Rule 79-5. Protected Material 28 may only be filed under seal pursuant to a court order authorizing the sealing of the 14 1 specific Protected Material at issue. If a Party’s request to file Protected Material 2 under seal is denied by the court, then the Receiving Party may file the information 3 in the public record unless otherwise instructed by the court. 4 XIII. FINAL DISPOSITION 5 After the final disposition of this Action, as defined in paragraph 4, within 60 6 days of a written request by the Designating Party, each Receiving Party must 7 return all Protected Material to the Producing Party or destroy such material. As 8 used in this subdivision, “all Protected Material” includes all copies, abstracts, 9 compilations, summaries, and any other format reproducing or capturing any of the 10 Protected Material. Whether the Protected Material is returned or destroyed, the 11 Receiving Party must submit a written certification to the Producing Party (and, if 12 not the same person or entity, to the Designating Party) by the 60 day deadline that 13 (1) identifies (by category, where appropriate) all the Protected Material that was 14 returned or destroyed and (2) affirms that the Receiving Party has not retained any 15 copies, abstracts, compilations, summaries or any other format reproducing or 16 capturing any of the Protected Material. Notwithstanding this provision, Counsel 17 are entitled to retain an archival copy of all pleadings, motion papers, trial, 18 deposition, and hearing transcripts, legal memoranda, correspondence, deposition 19 and trial exhibits, expert reports, attorney work product, and consultant and expert 20 work product, even if such materials contained Protected Material. Any such 21 archival copies that contain or constitute Protected Material remain subject to this 22 Protective Order as set forth in Section IV (DURATION). 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 15 1 2 XIV. VIOLATIONS Any willful violation of this Order may be punished by civil or criminal 3 contempt, financial or evidentiary sanctions, reference to disciplinary authorities, or 4 other appropriate action at the discretion of the Court. 5 IT IS SO STIPULATED. 6 Respectfully submitted, 7 Respectfully submitted, Dated: 11/15/2022 8 ROB BONTA Attorney General of California CHRISTOPHER H. FINDLEY Supervising Deputy Attorney General 9 10 11 _/s/ Alice M. Segal________________ ALICE M. SEGAL Deputy Attorney General Attorneys for Defendant J. Gofferman 12 13 14 15 Respectfully submitted, Dated: 11/14/2022 16 _/s/ Brian Keith Wearren____ BRIAN KEITH WEARREN Pro Per 17 18 19 20 21 22 23 24 25 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. DATED: November 17, 2022 ________________________________________ Honorable Jean P. Rosenbluth United States Magistrate Judge 26 27 28 16 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________________[print or type full name], of 4 ________________________________________ [print or type full address], 5 declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protective Order that was issued by the United States District Court for 7 the Central District of California on [date] in the case of Brian Keith Wearren v. J. 8 Gofferman et al., Case No. 2:18-cv-09367-JGB-JPR. I agree to comply with and to 9 be bound by all the terms in this Stipulated Protective Order and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and 11 punishment in the nature of contempt. I solemnly promise that I will not disclose in 12 any manner any information or item that is subject to this Stipulated Protective 13 Order to any person or entity except in strict compliance with the provisions of this 14 Order. 15 I further agree to submit to the jurisdiction of the United States District Court 16 for the Central District of California for the purpose of enforcing the terms of this 17 Stipulated Protective Order, even if such enforcement proceedings occur after 18 termination of this action. I hereby appoint 19 ____________________________________________________________ 20 [print or type full address and telephone number] as my California agent for service 21 of process in connection with this action or any proceedings related to enforcement 22 of this Stipulated Protective Order. 23 Date: ____________________________ 24 City and State where sworn and signed: ______________________________ 25 26 Printed name: _______________________________________ 27 28 Signature: __________________________________________ 17

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