Daron Ford v. City of Los Angeles et al
Filing
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STIPULATED PROTECTIVE ORDER by Magistrate Judge A. Joel Richlin. 18 [See document for details.] (san)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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DARON FORD
Plaintiff,
Case No. 2:24-cv-05799-MEMFAJR
CITY OF LOS ANGELES, et. al
[PROPOSED] STIPULATED
PROTECTIVE ORDER
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v.
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Defendant(s).
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1.
GENERAL
1.1
Purposes and Limitations. Discovery in this action is likely to involve
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production of confidential, proprietary, or private information for which special
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protection from public disclosure and from use for any purpose other than prosecuting
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this litigation may be warranted. Accordingly, the parties hereby stipulate to and
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petition the Court to enter the following Stipulated Protective Order. The parties
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acknowledge that this Order does not confer blanket protections on all disclosures or
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responses to discovery and that the protection it affords from public disclosure and
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use extends only to the limited information or items that are entitled to confidential
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treatment under the applicable legal principles. The parties further acknowledge, as
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set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle
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them to file confidential information under seal; Civil Local Rule 79-5 sets forth the
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procedures that must be followed and the standards that will be applied when a party
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seeks permission from the court to file material under seal.
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1.2
Good Cause Statement.
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This action involves the City of Los Angeles (“CITY) and individual sworn
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police officers of the Los Angeles Police Department (“LAPD”) on one side; and on
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the other, Plaintiff Daron Ford, who claims damages from the City and LAPD
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Officers.
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As such, Plaintiff may seek materials and information that the City maintains
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as confidential, such as personnel files of the police officers involved in the incident,
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video recordings (including Body-Worn Video recordings and Digital In-Car Video
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recordings), audio recordings, and other administrative materials and information
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currently in the possession of the City and which the City believes needs special
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protection from public disclosure and from use for any purpose other than prosecuting
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this litigation. Plaintiff may also seek official information contained in the personnel
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files of the Police Officers involved in the subject incident, which the City maintains
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as strictly confidential and which the City believes needs special protection from
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public disclosure and from use for any purpose other than prosecuting this litigation.
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The City asserts that the confidentiality of materials and information sought by
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Plaintiff is recognized by California and federal law as evidenced by, inter alia,
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California Penal Code section 832.7, California Evidence Code section 1043 et. seq.
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and Kerr v. United States District Ct. for N.D. Cal., 511 F.2d 192, 198 (9th Cir. 1975),
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aff’d, 426 U.S. 394 (1976); Sanchez v. City of Santa Ana, 936 F.2d 192, 198 (9th. Cir.
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1990); Miller v. Pancucci, 141 F.R.D. 292 (C.D. Call 1992). The City does not
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publicly released the materials and information referenced above except under
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protective order or pursuant to a court order, if at all. These materials and information
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are of the type that has been used to initiate disciplinary action against LAPD officers
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and has been used as evidence in disciplinary proceedings, where officers’ conduct
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was considered to be contrary to LAPD policy.
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The City contends that absent a protective order delineating the responsibilities
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of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary
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and undue disclosure by one or more of the many attorneys, secretaries, law clerks,
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paralegals, and expert witnesses involved in the case, as well as the corollary risk of
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embarrassment, harassment and professional and legal harm on the part of the LAPD
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officers referenced in the materials and information.
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Defendants seek discovery of various information relating to Plaintiff’s
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damages claims, including employment information, housing information, financial
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information, and confidential medical records that may be personal, private, and
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potentially embarrassing if unnecessarily disseminated; thus, Plaintiff contends such
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information not be disseminated beyond this litigation.
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Accordingly, to expedite the flow of information, to facilitate the prompt
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resolution of disputes over the confidentiality of discovery materials, to adequately
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protect information the parties are entitled to keep confidential, to ensure that the
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parties are permitted reasonably necessary uses of such material in preparation for
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and in the conduct of trial, to address their handling at the end of litigation, and serve
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the ends of justice, a protective order is necessary. Such information will not be
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designated as confidential for tactical reasons and nothing will be designated without
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a good faith belief that it has been maintained in a confidential, non-public manner,
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and there is good cause why it should not be part of the public record in this case.
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2.
DEFINITIONS
2.1
Action: This pending federal lawsuit Daron Ford v. City of Los Angeles
et. al. Case No. 2:24-cv-05799-MEMF-AJR.
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Challenging Party: a Party or Non-Party that challenges the designation
of information or items under this Order.
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2.3
“CONFIDENTIAL” Information or Items: information (regardless of
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how it is generated, stored or maintained) or tangible things that qualify for protection
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under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
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Cause Statement.
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2.4
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support staff).
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2.5
Counsel: Outside Counsel of Record and House Counsel (as well as their
Designating Party: a Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as
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“CONFIDENTIAL.”
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2.6
Disclosure or Discovery Material: all items or information, regardless
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of the medium or manner in which it is generated, stored, or maintained (including,
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among other things, testimony, transcripts, and tangible things), that are produced or
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generated in disclosures or responses to discovery in this matter.
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2.7
Expert: a person with specialized knowledge or experience in a matter
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pertinent to the litigation who has been retained by a Party or its counsel to serve as
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an expert witness or as a consultant in this Action.
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2.8
House Counsel: attorneys who are employees of a party to this Action.
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House Counsel does not include Outside Counsel of Record or any other outside
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counsel.
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2.9
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Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
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2.10 Outside Counsel of Record: attorneys who are not employees of a party
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to this Action but are retained to represent or advise a party to this Action and have
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appeared in this Action on behalf of that party or are affiliated with a law firm that
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has appeared on behalf of that party, including support staff.
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2.11 Party: any party to this Action, including all of its officers, directors,
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employees, consultants, retained experts, and Outside Counsel of Record (and their
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support staffs).
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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
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2.13 Professional Vendors: persons or entities that provide litigation support
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services (e.g., photocopying, videotaping, translating, preparing exhibits or
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demonstrations, and organizing, storing, or retrieving data in any form or medium)
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and their employees and subcontractors.
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2.14 Protected Material:
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designated as “CONFIDENTIAL.”
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any Disclosure or Discovery Material that is
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
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3.
SCOPE
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The protections conferred by this Stipulation and Order cover not only
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Protected Material (as defined above), but also (1) any information copied or extracted
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from Protected Material; (2) all copies, excerpts, summaries, or compilations of
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Protected Material; and (3) any testimony, conversations, or presentations by Parties
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or their Counsel that might reveal Protected Material.
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Any use of Protected Material at trial shall be governed by the orders of the
trial judge. This Order does not govern the use of Protected Material at trial.
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4.
DURATION
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Once a case proceeds to trial, all of the court-filed information to be introduced
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that was previously designated as confidential or maintained pursuant to this
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protective order becomes public and will be presumptively available to all members
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of the public, including the press, unless compelling reasons supported by specific
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factual findings to proceed otherwise are made to the trial judge in advance of the
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trial. See Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir.
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2006) (distinguishing “good cause” showing for sealing documents produced in
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discovery from “compelling reasons” standard when merits-related documents are
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part of court record). Accordingly, the terms of this protective order do not extend
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beyond the commencement of the trial.
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5.
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
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Each Party or Non-Party that designates information or items for protection under this
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Order must take care to limit any such designation to specific material that qualifies
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under the appropriate standards. The Designating Party must designate for protection
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only those parts of material, documents, items, or oral or written communications that
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qualify so that other portions of the material, documents, items, or communications
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for which protection is not warranted are not swept unjustifiably within the ambit of
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this Order.
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Mass, indiscriminate, or routinized designations are prohibited. Designations
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that are shown to be clearly unjustified or that have been made for an improper
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purpose (e.g., to unnecessarily encumber the case development process or to impose
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unnecessary expenses and burdens on other parties) may expose the Designating Party
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to sanctions.
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If it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection, that Designating Party must
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promptly notify all other Parties that it is withdrawing the inapplicable designation.
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5.2
Manner and Timing of Designations. Except as otherwise provided in
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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
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under this Order must be clearly so designated before the material is disclosed or
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produced.
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Designation in conformity with this Order requires:
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(a) for information in documentary form (e.g., paper or electronic
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documents, but excluding transcripts of depositions or other pretrial or trial
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proceedings), that the Producing Party affix, at a minimum, the legend
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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
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contains protected material. If only a portion or portions of the material on a page
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qualifies for protection, the Producing Party also must clearly identify the protected
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portion(s) (e.g., by making appropriate markings in the margins).
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A Party or Non-Party that makes original documents available for inspection
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need not designate them for protection until after the inspecting Party has indicated
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which documents it would like copied and produced. During the inspection and
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before the designation, all of the material made available for inspection shall be
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deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents
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it wants copied and produced, the Producing Party must determine which documents,
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or portions thereof, qualify for protection under this Order. Then, before producing
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the specified documents, the Producing Party must affix the “CONFIDENTIAL
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legend” to each page that contains Protected Material. If only a portion or portions
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of the material on a page qualifies for protection, the Producing Party also must clearly
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identify the protected portion(s) (e.g., by making appropriate markings in the
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margins).
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(b) for testimony given in depositions that the Designating Party identify
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the Disclosure or Discovery Material on the record, before the close of the deposition.
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(c) for information produced in some form other than documentary and
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for any other tangible items, that the Producing Party affix in a prominent place on
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the exterior of the container or containers in which the information is stored the legend
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“CONFIDENTIAL.” If only a portion or portions of the information warrants
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protection, the Producing Party, to the extent practicable, shall identify the protected
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portion(s).
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5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
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failure to designate qualified information or items does not, standing alone, waive the
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Designating Party’s right to secure protection under this Order for such material.
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Upon timely correction of a designation, the Receiving Party must make reasonable
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efforts to assure that the material is treated in accordance with the provisions of this
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Order.
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6.
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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges.
Any Party or Non-Party may challenge a
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designation of confidentiality at any time that is consistent with the Court’s
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Scheduling Order.
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6.2
Meet and Confer. The Challenging Party shall initiate the dispute
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resolution process under Local Rule 37-1, et seq. Any discovery motion must strictly
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comply with the procedures set forth in Local Rules 37-1, 37-2, and 37-3.
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6.3
Burden. The burden of persuasion in any such challenge proceeding
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shall be on the Designating Party. Frivolous challenges, and those made for an
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improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
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other parties) may expose the Challenging Party to sanctions. Unless the Designating
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Party has waived or withdrawn the confidentiality designation, all parties shall
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continue to afford the material in question the level of protection to which it is entitled
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under the Producing Party’s designation until the Court rules on the challenge.
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7.
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
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disclosed or produced by another Party or by a Non-Party in connection with this
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Action only for prosecuting, defending, or attempting to settle this Action. Such
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Protected Material may be disclosed only to the categories of persons and under the
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conditions described in this Order. When the Action has been terminated, a Receiving
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Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a
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location and in a secure manner that ensures that access is limited to the persons
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authorized under this Order.
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7.2
Disclosure of “CONFIDENTIAL” Information or Items.
Unless
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otherwise ordered by the Court or permitted in writing by the Designating Party, a
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Receiving
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“CONFIDENTIAL” only to:
Party
may
disclose
any
information
or
item
designated
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(a) the Receiving Party’s Outside Counsel of Record in this Action, as
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well as employees of said Outside Counsel of Record to whom it is reasonably
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necessary to disclose the information for this Action;
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(b) the officers, directors, and employees (including House Counsel) of
the Receiving Party to whom disclosure is reasonably necessary for this Action;
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(c) Experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(d) the Court and its personnel;
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(e) court reporters and their staff;
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(f) professional jury or trial consultants, mock jurors, and Professional
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Vendors to whom disclosure is reasonably necessary for this Action and who have
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signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(g) the author or recipient of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
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(h) during their depositions, witnesses, and attorneys for witnesses, in
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the Action to whom disclosure is reasonably necessary provided: (1) the deposing
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party requests that the witness sign the form attached as Exhibit A hereto; and (2) they
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will not be permitted to keep any confidential information unless they sign the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
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agreed by the Designating Party or ordered by the Court. Pages of transcribed
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deposition testimony or exhibits to depositions that reveal Protected Material may be
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separately bound by the court reporter and may not be disclosed to anyone except as
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permitted under this Stipulated Protective Order; and
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(i) any mediator or settlement officer, and their supporting personnel,
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mutually agreed upon by any of the parties engaged in settlement discussions.
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8.
PROTECTED
MATERIAL
SUBPOENAED
OR
ORDERED
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PRODUCED IN OTHER LITIGATION
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If a Party is served with a subpoena or a court order issued in other litigation
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that compels disclosure of any information or items designated in this Action as
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“CONFIDENTIAL,” that Party must:
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(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
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(b) promptly notify in writing the party who caused the subpoena or order to
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issue in the other litigation that some or all of the material covered by the subpoena
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or order is subject to this Protective Order. Such notification shall include a copy of
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this Stipulated Protective Order; and
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(c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
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If the Designating Party timely seeks a protective order, the Party served with
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the subpoena or court order shall not produce any information designated in this action
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as “CONFIDENTIAL” before a determination by the court from which the subpoena
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or order issued, unless the Party has obtained the Designating Party’s permission. The
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Designating Party shall bear the burden and expense of seeking protection in that court
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of its confidential material and nothing in these provisions should be construed as
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authorizing or encouraging a Receiving Party in this Action to disobey a lawful
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directive from another court.
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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
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PRODUCED IN THIS LITIGATION
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(a) The terms of this Order are applicable to information produced by a Non-
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Party in this Action and designated as “CONFIDENTIAL.”
Such information
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produced by Non-Parties in connection with this litigation is protected by the
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remedies and relief provided by this Order. Nothing in these provisions should be
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construed as prohibiting a Non-Party from seeking additional protections.
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(b) In the event that a Party is required, by a valid discovery request, to produce
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a Non-Party’s confidential information in its possession, and the Party is subject to an
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agreement with the Non-Party not to produce the Non-Party’s confidential
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information, then the Party shall:
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(1) promptly notify in writing the Requesting Party and the Non-Party
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that some or all of the information requested is subject to a confidentiality agreement
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with a Non-Party;
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(2) promptly provide the Non-Party with a copy of the Stipulated
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Protective Order in this Action, the relevant discovery request(s), and a reasonably
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specific description of the information requested; and
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(3) make the information requested available for inspection by the NonParty, if requested.
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(c) If the Non-Party fails to seek a protective order from this Court within 14
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days of receiving the notice and accompanying information, the Receiving Party may
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produce the Non-Party’s confidential information responsive to the discovery request.
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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
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any information in its possession or control that is subject to the confidentiality
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agreement with the Non-Party before a determination by the Court. Absent a court
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order to the contrary, the Non-Party shall bear the burden and expense of seeking
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protection in this Court of its Protected Material.
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10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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Protected Material to any person or in any circumstance not authorized under this
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Stipulated Protective Order, the Receiving Party must immediately (a) notify in
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writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
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to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
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persons to whom unauthorized disclosures were made of all the terms of this Order,
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and (d) request such person or persons to execute the “Acknowledgment and
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Agreement to Be Bound” that is attached hereto as Exhibit A.
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11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
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PROTECTED MATERIAL
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When a Producing Party gives notice to Receiving Parties that certain
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inadvertently produced material is subject to a claim of privilege or other protection,
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the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
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Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
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may be established in an e-discovery order that provides for production without prior
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privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
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parties reach an agreement on the effect of disclosure of a communication or
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information covered by the attorney-client privilege or work product protection, the
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parties may incorporate their agreement in the stipulated protective order submitted
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to the Court.
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12.
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MISCELLANEOUS
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.
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12.2 Right to Assert Other Objections. By stipulating to the entry of this
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Protective Order, no Party waives any right it otherwise would have to object to
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disclosing or producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object on any
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ground to use in evidence of any of the material covered by this Protective Order.
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12.3 Filing Protected Material. A Party that seeks to file under seal any
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Protected Material must comply with Civil Local Rule 79-5. Protected Material may
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only be filed under seal pursuant to a court order authorizing the sealing of the specific
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Protected Material at issue; good cause must be shown in the request to file under
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seal. If a Party’s request to file Protected Material under seal is denied by the Court,
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then the Receiving Party may file the information in the public record unless
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otherwise instructed by the Court.
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13.
FINAL DISPOSITION
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After the final disposition of this Action, within 60 days of a written request by
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the Designating Party, each Receiving Party must return all Protected Material to the
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Producing Party or destroy such material. As used in this subdivision, “all Protected
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Material” includes all copies, abstracts, compilations, summaries, and any other
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format reproducing or capturing any of the Protected Material. Whether the Protected
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Material is returned or destroyed, the Receiving Party must submit a written
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certification to the Producing Party (and, if not the same person or entity, to the
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Designating Party) by the 60 day deadline that (1) identifies (by category, where
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appropriate) all the Protected Material that was returned or destroyed, and (2) affirms
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that the Receiving Party has not retained any copies, abstracts, compilations,
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summaries or any other format reproducing or capturing any of the Protected Material.
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Notwithstanding this provision, counsel are entitled to retain an archival copy of all
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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
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correspondence, deposition and trial exhibits, expert reports, attorney work product,
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and consultant and expert work product, even if such materials contain Protected
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Material. Any such archival copies that contain or constitute Protected Material
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remain subject to this Protective Order as set forth in Section 4 (DURATION).
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14.
VIOLATION OF ORDER
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Any violation of this Order may be punished by any and all appropriate
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measures including, without limitation, contempt proceedings and/or monetary
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sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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1/28/2025
DATED:_______________________
/s/ Corey A. Carter
______________________________
Attorneys for Plaintiff(s)
1/28/2025
DATED:_______________________
/s/ Jeremy B. Warren
______________________________
Attorneys for Defendant(s)
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
1/28/2025
DATED:_______________
__________________________________
HON. A. JOEL RICHLIN
United States Magistrate Judge
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________________________ [full name], of _________________
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[full address], declare under penalty of perjury that I have read in its entirety and
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understand the Stipulated Protective Order that was issued by the United States
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District Court for the Central District of California on ____________ [date] in the
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case of ___________ [insert case name and number]. I agree to comply with and
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to be bound by all the terms of this Stipulated Protective Order and I understand and
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acknowledge that failure to so comply could expose me to sanctions and punishment
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in the nature of contempt. I solemnly promise that I will not disclose in any manner
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any information or item that is subject to this Stipulated Protective Order to any
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person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court
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for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action. I hereby appoint __________________________ [full
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name] of _______________________________________ [full address and
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telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
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Order.
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Date: ______________________________________
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City and State where signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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