Peter J. Reed v. C. Muhammed et al

Filing 116

STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero re Stipulation for Protective Order 115 . (see document for details). (et)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE CENTRAL DISTRICT OF CALIFORNIA 3 WESTERN DIVISION 4 5 6 7 v. 8 9 2:22-cv-05227 WLH-MAA PETER REED, Plaintiff, STIPULATED PROTECTIVE ORDER Judge: MUHAMMAD, et al., 10 Defendants. The Honorable Wesley L. Hsu Trial Date: December 3, 2024 Action Filed: 7/28/2022 11 12 13 PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, 14 proprietary, or private information for which special protection from public 15 disclosure and from use for any purpose other than prosecuting this litigation may 16 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 17 enter the following Stipulated Protective Order. The parties acknowledge that this 18 Stipulated Protective Order does not confer blanket protections on all disclosures or 19 responses to discovery and that the protection it affords from public disclosure and 20 use extends only to the limited information or items that are entitled to confidential 21 22 23 24 25 I. treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the Court to file material under seal. 26 27 28 1 1 II. GOOD CAUSE STATEMENT This action is likely to involve confidential and private information for which 2 3 special protection from public disclosure and from use for any purpose other than 4 prosecution of this action is warranted. Such confidential and proprietary materials 5 and information consist of, among other things, confidential business or financial 6 information, information regarding confidential practices (including information 7 implicating privacy rights of third parties), information otherwise generally 8 unavailable to the public, or which may be privileged or otherwise protected from 9 disclosure under state or federal statutes, court rules, case decisions, or common 10 law. Accordingly, to expedite the flow of information, to facilitate the prompt 11 resolution of disputes over confidentiality of discovery materials, to adequately 12 protect information the parties are entitled to keep confidential, to ensure that the 13 parties are permitted reasonable necessary uses of such material in preparation for 14 and in the conduct of trial, to address their handling at the end of the litigation, and 15 to serve the ends of justice, a protective order for such information is justified in 16 this matter. It is the intent of the parties that information will not be designated as 17 confidential for tactical reasons and that nothing be so designated without a good 18 faith belief that it has been maintained in a confidential, non-public manner, and 19 there is good cause why it should not be part of the public record of this case. 20 III. DEFINITIONS 21 3.1. Action: This pending federal lawsuit. 22 3.2. Challenging Party: A Party or Nonparty that challenges the designation of 23 information or items under this Stipulated Protective Order. 24 3.3. 25 how it is generated, stored or maintained) or tangible things that qualify for 26 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 27 the Good Cause Statement. “CONFIDENTIAL” Information or Items: Information (regardless of 28 2 1 3.4. 2 support staff). 3 3.5. 4 that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 5 3.6. 6 medium or manner in which it is generated, stored, or maintained (including, 7 among other things, testimony, transcripts, and tangible things), that is produced or 8 generated in disclosures or responses to discovery in this matter. 9 3.7. Counsel: Outside Counsel of Record and In-House Counsel (as well as their Designating Party: A Party or Nonparty that designates information or items Disclosure or Discovery Material: All items or information, regardless of the Expert: A person with specialized knowledge or experience in a matter 10 pertinent to the litigation who has been retained by a Party or its counsel to serve as 11 an expert witness or as a consultant in this Action. 12 3.8. 13 In-House Counsel does not include Outside Counsel of Record or any other outside 14 counsel. 15 3.9. 16 legal entity not named as a Party to this action. 17 3.10. Outside Counsel of Record: Attorneys who are not employees of a party to 18 this Action but are retained to represent or advise a party to this Action and have 19 appeared in this Action on behalf of that party or are affiliated with a law firm 20 which has appeared on behalf of that party, and includes support staff. 21 3.11. Party: Any party to this Action, including all of its officers, directors, 22 employees, consultants, retained experts, In-House Counsel, and Outside Counsel 23 of Record (and their support staffs). 24 3.12. Producing Party: A Party or Nonparty that produces Disclosure or Discovery 25 Material in this Action. 26 3.13. Professional Vendors: Persons or entities that provide litigation support 27 services (e.g., photocopying, videotaping, translating, preparing exhibits or In-House Counsel: Attorneys who are employees of a party to this Action. Nonparty: Any natural person, partnership, corporation, association, or other 28 3 1 demonstrations, and organizing, storing, or retrieving data in any form or medium) 2 and their employees and subcontractors. 3 3.14. Protected Material: Any Disclosure or Discovery Material that is designated 4 as “CONFIDENTIAL.” 5 3.15 Receiving Party: A Party that receives Disclosure or Discovery Material 6 from a Producing Party. 7 IV. SCOPE 8 The protections conferred by this Stipulated Protective Order cover not only 9 Protected Material, but also (1) any information copied or extracted from Protected 10 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; 11 and (3) any testimony, conversations, or presentations by Parties or their Counsel 12 that might reveal Protected Material. Any use of Protected Material at trial shall be 13 governed by the orders of the trial judge. This Stipulated Protective Order does not 14 govern the use of Protected Material at trial. 15 V. 16 DURATION Even after final disposition of this litigation, the confidentiality obligations 17 imposed by this Stipulated Protective Order shall remain in effect until a 18 Designating Party agrees otherwise in writing or a court order otherwise directs. 19 Final disposition shall be deemed to be the later of (1) dismissal of all claims and (2) 20 final judgment herein after the completion and exhaustion of all appeals, rehearings, 21 remands, trials, or reviews of this Action, including the time limits for filing any 22 motions or applications for extension of time pursuant to applicable law. 23 VI. DESIGNATING PROTECTED MATERIAL 24 6.1. Exercise of Restraint and Care in Designating Material for Protection. 25 Each Party or Nonparty that designates information or items for protection 26 under this Stipulated Protective Order must take care to limit any such designation 27 to specific material that qualifies under the appropriate standards. The Designating 28 Party must designate for protection only those parts of material, documents, items, 4 1 or oral or written communications that qualify so that other portions of the material, 2 documents, items, or communications for which protection is not warranted are not 3 swept unjustifiably within the ambit of this Stipulated Protective Order. 4 Mass, indiscriminate, or routinized designations are prohibited. Designations 5 that are shown to be clearly unjustified or that have been made for an improper 6 purpose (e.g., to unnecessarily encumber the case development process or to impose 7 unnecessary expenses and burdens on other parties) may expose the Designating 8 Party to sanctions. 9 6.2. Manner and Timing of Designations. 10 Except as otherwise provided in this Stipulated Protective Order (see, e.g., 11 Section 6.2(a)), or as otherwise stipulated or ordered, Disclosure or Discovery 12 Material that qualifies for protection under this Stipulated Protective Order must be 13 clearly so designated before the material is disclosed or produced. 14 15 16 Designation in conformity with this Stipulated Protective Order requires the following: (a) For information in documentary form (e.g., paper or electronic 17 documents, but excluding transcripts of depositions or other pretrial or trial 18 proceedings), that the Producing Party affix at a minimum, the legend 19 “CONFIDENTIAL” to each page that contains protected material. If only a portion 20 or portions of the material on a page qualifies for protection, the Producing Party 21 also must clearly identify the protected portion(s) (e.g., by making appropriate 22 markings in the margins). 23 A Party or Nonparty that makes original documents available for inspection 24 need not designate them for protection until after the inspecting Party has indicated 25 which documents it would like copied and produced. During the inspection and 26 before the designation, all of the material made available for inspection shall be 27 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 28 documents it wants copied and produced, the Producing Party must determine which 5 1 documents, or portions thereof, qualify for protection under this Stipulated 2 Protective Order. Then, before producing the specified documents, the Producing 3 Party must affix the legend “CONFIDENTIAL” to each page that contains Protected 4 Material. If only a portion or portions of the material on a page qualifies for 5 protection, the Producing Party also must clearly identify the protected portion(s) 6 (e.g., by making appropriate markings in the margins). 7 (b) For testimony given in depositions, that the Designating Party identify the 8 Disclosure or Discovery Material on the record, before the close of the deposition, 9 all protected testimony. 10 (c) For information produced in nondocumentary form, and for any other 11 tangible items, that the Producing Party affix in a prominent place on the exterior of 12 the container or containers in which the information is stored the legend 13 “CONFIDENTIAL.” If only a portion or portions of the information warrants 14 protection, the Producing Party, to the extent practicable, shall identify the protected 15 portion(s). 16 6.3. Inadvertent Failure to Designate. 17 If timely corrected, an inadvertent failure to designate qualified information or 18 items does not, standing alone, waive the Designating Party’s right to secure 19 protection under this Stipulated Protective Order for such material. Upon timely 20 correction of a designation, the Receiving Party must make reasonable efforts to 21 assure that the material is treated in accordance with the provisions of this Stipulated 22 Protective Order. 23 VII. CHALLENGING CONFIDENTIALITY DESIGNATIONS 24 7.1. Timing of Challenges. 25 Any Party or Nonparty may challenge a designation of confidentiality at any 26 time that is consistent with the Court’s Scheduling Order. 27 /// 28 /// 6 1 2 7.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process, which shall 3 comply with Local Rule 37.1 et seq., and with Section 4 of Judge Audero’s 4 Procedures (“Mandatory Telephonic Conference for Discovery Disputes”).1 5 7.3. Burden of Persuasion. 6 The burden of persuasion in any such challenge proceeding shall be on the 7 Designating Party. Frivolous challenges, and those made for an improper purpose 8 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may 9 expose the Challenging Party to sanctions. Unless the Designating Party has waived 10 or withdrawn the confidentiality designation, all parties shall continue to afford the 11 material in question the level of protection to which it is entitled under the 12 Producing Party’s designation until the Court rules on the challenge. 13 VIII. ACCESS TO AND USE OF PROTECTED MATERIALS 14 8.1. Basic Principles. 15 A Receiving Party may use Protected Material that is disclosed or produced by 16 another Party or by a Nonparty in connection with this Action only for prosecuting, 17 defending, or attempting to settle this Action. Such Protected Material may be 18 disclosed only to the categories of persons and under the conditions described in this 19 Stipulated Protective Order. When the Action reaches a final disposition, a 20 Receiving Party must comply with the provisions of Section 14 below. 21 Protected Material must be stored and maintained by a Receiving Party at a 22 location and in a secure manner that ensures that access is limited to the persons 23 authorized under this Stipulated Protective Order. 24 8.2. Disclosure of “CONFIDENTIAL” Information or Items. 25 Unless otherwise ordered by the Court or permitted in writing by the 26 Designating Party, a Receiving Party may disclose any information or item 27 designated “CONFIDENTIAL” only to: 28 7 1 (a) The Receiving Party’s Outside Counsel of Record, as well as employees 2 of said Outside Counsel of Record to whom it is reasonably necessary to disclose 3 the information for this Action; 4 (b) The officers, directors, and employees (including In-House Counsel) of 5 the Receiving Party to whom disclosure is reasonably necessary for this Action;1 6 (c) Experts of the Receiving Party to whom disclosure is reasonably 7 necessary for this Action and who have signed the “Acknowledgment and 8 Agreement to Be Bound” (Exhibit A); 9 (d) The Court and its personnel; 10 (e) Court reporters and their staff; 11 (f) Professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary or this Action and who have 13 signed the “Acknowledgment and Agreement to be Bound” (Exhibit A); 14 15 16 (g) The author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; (h) During their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (i) the deposing party 18 requests that the witness sign the “Acknowledgment and Agreement to Be Bound” 19 (Exhibit A); and (ii) the witness will not be permitted to keep any confidential 20 information unless they sign the “Acknowledgment and Agreement to Be Bound,” 21 unless otherwise agreed by the Designating Party or ordered by the Court. Pages of 22 transcribed deposition testimony or exhibits to depositions that reveal Protected 23 Material may be separately bound by the court reporter and may not be disclosed to 24 anyone except as permitted under this Stipulated Protective Order; and 25 26 27 28 (i) Any mediator or settlement officer, and their supporting personnel, mutually agreed upon by any of the parties engaged in settlement discussions. 1 Judge Audero’s Procedures are available at 8 1 2 IX. 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 3 4 that compels disclosure of any information or items designated in this Action as 5 “CONFIDENTIAL,” that Party must: (a) Promptly notify in writing the Designating Party. Such notification shall 6 7 include a copy of the subpoena or court order; (b) Promptly notify in writing the party who caused the subpoena or order to 8 9 issue in the other litigation that some or all of the material covered by the subpoena 10 or order is subject to this Stipulated Protective Order. Such notification shall include 11 a copy of this Stipulated Protective Order; and (c) Cooperate with respect to all reasonable procedures sought to be pursued by 12 13 the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with 14 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 X. 23 24 25 A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 10.1. Application. The terms of this Stipulated Protective Order are applicable to information 26 produced by a Nonparty in this Action and designated as “CONFIDENTIAL.” 27 Such information produced by Nonparties in connection with this litigation is 28 protected by the remedies and relief provided by this Stipulated Protective Order. 9 1 Nothing in these provisions should be construed as prohibiting a Nonparty from 2 seeking additional protections. 3 10.2. Notification. 4 In the event that a Party is required, by a valid discovery request, to produce a 5 Nonparty’s confidential information in its possession, and the Party is subject to an 6 agreement with the Nonparty not to produce the Nonparty’s confidential 7 information, then the Party shall: 8 (a) Promptly notify in writing the Requesting Party and the Nonparty that 9 some or all of the information requested is subject to a confidentiality agreement 10 11 with a Nonparty; (b) Promptly provide the Nonparty with a copy of the Stipulated Protective 12 Order in this Action, the relevant discovery request(s), and a reasonably specific 13 description of the information requested; and 14 (c) Make the information requested available for inspection by the Nonparty, 15 if requested. 16 10.3. Conditions of Production. 17 If the Nonparty fails to seek a protective order from this Court within fourteen 18 (14) days after receiving the notice and accompanying information, the Receiving 19 Party may produce the Nonparty’s confidential information responsive to the 20 discovery request. If the Nonparty timely seeks a protective order, the Receiving 21 Party shall not produce any information in its possession or control that is subject to 22 the confidentiality agreement with the Nonparty before a determination by the 23 Court. Absent a court order to the contrary, the Nonparty shall bear the burden and 24 expense of seeking protection in this Court of its Protected Material. 25 XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 27 Protected Material to any person or in any circumstance not authorized under this 28 Stipulated Protective Order, the Receiving Party immediately must (1) notify in 10 1 writing the Designating Party of the unauthorized disclosures, (2) use its best efforts 2 to retrieve all unauthorized copies of the Protected Material, (3) inform the person 3 or persons to whom unauthorized disclosures were made of all the terms of this 4 Stipulated Protective Order, and (4) request such person or persons to execute the 5 “Acknowledgment and Agreement to be Bound” (Exhibit A). 6 XII. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 7 8 9 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, 10 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 11 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 12 procedure may be established in an e-discovery order that provides for production 13 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 14 (e), insofar as the parties reach an agreement on the effect of disclosure of a 15 communication or information covered by the attorney-client privilege or work 16 product protection, the parties may incorporate their agreement in the Stipulated 17 Protective Order submitted to the Court. 18 XIII. MISCELLANEOUS 19 13.1. Right to Further Relief. 20 Nothing in this Stipulated Protective Order abridges the right of any person to 21 seek its modification by the Court in the future. 22 13.2. Right to Assert Other Objections. 23 By stipulating to the entry of this Stipulated Protective Order, no Party waives 24 any right it otherwise would have to object to disclosing or producing any 25 information or item on any ground not addressed in this Stipulated Protective Order. 26 Similarly, no Party waives any right to object on any ground to use in evidence of 27 any of the material covered by this Stipulated Protective Order. 28 11 1 2 13.3. Filing Protected Material. A Party that seeks to file under seal any Protected Material must comply with 3 Local Rule 79-5. Protected Material may only be filed under seal pursuant to a 4 court order authorizing the sealing of the specific Protected Material at issue. If a 5 Party's request to file Protected Material under seal is denied by the Court, then the 6 Receiving Party may file the information in the public record unless otherwise 7 instructed by the Court. 8 XIV. FINAL DISPOSITION 9 After the final disposition of this Action, within sixty (60) days of a written 10 request by the Designating Party, each Receiving Party must return all Protected 11 Material to the Producing Party or destroy such material. As used in this 12 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 13 summaries, and any other format reproducing or capturing any of the Protected 14 Material. Whether the Protected Material is returned or destroyed, the Receiving 15 Party must submit a written certification to the Producing Party (and, if not the same 16 person or entity, to the Designating Party) by the 60-day deadline that (1) identifies 17 (by category, where appropriate) all the Protected Material that was returned or 18 destroyed and (2) affirms that the Receiving Party has not retained any copies, 19 abstracts, compilations, summaries or any other format reproducing or capturing any 20 of the Protected Material. Notwithstanding this provision, Counsel is entitled to 21 retain an archival copy of all pleadings; motion papers; trial, deposition, and hearing 22 transcripts; legal memoranda; correspondence; deposition and trial exhibits; expert 23 reports; attorney work product; and consultant and expert work product, even if such 24 materials contain Protected Material. Any such archival copies that contain or 25 constitute Protected Material remain subject to this Stipulated Protective Order as 26 set forth in Section 5. 27 28 12 1 XV. VIOLATION 2 Any violation of this Stipulated Order may be punished by any and all 3 appropriate measures including, without limitation, contempt proceedings and/or 4 monetary sanctions. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 8 Dated: 6/05/2024 /s/ Peter Reed Attorney(s) for Plaintiff(s) Dated: 6/05/2024 /s/ Ryan T. Gille Attorney(s) for Defendant(s) 9 10 11 12 13 14 15 16 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. Dated:June 6, 2024 Maria A. Audero United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 13 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, 4 [full name], of [address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was 6 issued by the United States District Court for the Central District of California on 7 [date] in the case of 8 [case name and number]. I agree to comply with and to be 9 bound by all the terms of this Stipulated Protective Order, and I understand and 10 acknowledge that failure to so comply could expose me to sanctions and punishment 11 in the nature of contempt. I solemnly promise that I will not disclose in any manner 12 any information or item that is subject to this Stipulated Protective Order to any 13 person or entity except in strict compliance with the provisions of this Stipulated 14 Protective 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 name] of 20 and telephone number] as my California agent for service of process in connection 21 with this action or any proceedings related to enforcement of this Stipulated 22 Protective Order. [full [address 23 24 Signature: _____________________ 25 Printed Name: _____________________ 26 Date: _____________________ 27 City and State Where Sworn and Signed: _____________________ 28 LA2023400872 14

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