David Denkin v. County of San Bernardino et al

Filing 61

STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re REQUEST for Protective Order for Confidential Information 60 (dts)

1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
A Professional Corporation
2 Nate J. Kowalski
State Bar No. 181136
[e-mail]
3 Paul G. Szumiak
State Bar No. 109982
[e-mail]
4 12800 Center Court Drive South, Suite 300
Cerritos, California 90703-9364
5 Telephone: [phone]
Fax: [phone]
6
Attorneys for Defendant COUNTY OF SAN
7 BERNARDINO
8
UNITED STATES DISTRICT COURT

10

CENTRAL DISTRICT OF CALIFORNIA

11
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

9

RIVERSIDE

12 DAVID DENKIN, individually and on
behalf of all others similarly situated,
13
Plaintiff,
14
v.
15
COUNTY OF SAN BERNARDINO, a
16 legal subdivision of the State of
California, and DOES 1-10, inclusive,
17
Defendants.
18
19
20
21
22
23
24
25
26
27
28

006164.00012
15320762.1

1.

A.

Case No.

5:16-cv-00044 JGB (KKx)

STIPULATED PROTECTIVE
ORDER
Judge:
Dept.:

Hon. Jesus G. Bernal
1

Complaint Filed: January 7, 2016
Trial Date:
September 5, 2017

PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,
proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order. The parties acknowledge that this
Order does not confer blanket protections on all disclosures or responses to
discovery and that the protection it affords from public disclosure and use extends
only to the limited information or items that are entitled to confidential treatment
under the applicable legal principles. The parties further acknowledge, as set forth in
STIPULATED PROTECTIVE ORDER

1 Section 12.3, below, that this Stipulated Protective Order does not entitle them to
2 file confidential information under seal; Civil Local Rule 79-5 sets forth the
3 procedures that must be followed and the standards that will be applied when a party
4 seeks permission from the court to file material under seal.
5

B.

6

In this collective action under the Fair Labor Standards Act, 19 U.S.C. § 201,

GOOD CAUSE STATEMENT

7 et seq., Plaintiffs, social workers employed by Defendant, claims they performed
9 Defendant. Plaintiffs work in the Department of Aging and Adult Services and as
10 part of their job duties interact with at-risk or vulnerable individuals (the “clients”)
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 work in their capacity as social workers for which they claim they were not paid by

11 and their families and/or guardians, and have knowledge of the clients’ private
12 information such as personal contact and identification information, the factual
13 details requiring the intervention of the County, and medical and psychological
14 information of the clients.

This information is contained in emails between

15 Plaintiffs and their supervisors, and in reports prepared by Plaintiffs. These emails
16 and reports may be relevant to Plaintiffs’ claim to the extent such documents
17 indicate the time the work was performed and the amount of time needed to prepare
18 the email, report, etc. Such confidential information contained in these documents
19 implicates the privacy rights of third persons in addition to the clients, and is
20 deemed confidential pursuant to Cal. Welfare and Institutions Code sec. 10850 et
21 seq. Accordingly, to expedite the flow of information, to facilitate the prompt
22 resolution of disputes over confidentiality of 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

006164.00012
15320762.1

-2STIPULATED PROTECTIVE ORDER

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 of this case.
3 2.

DEFINITIONS

4

2.1

Action: this pending federal law suit.

5

2.2

Challenging Party: a Party or Non-Party that challenges the designation

6 of information or items under this Order.
7

2.3

“CONFIDENTIAL” Information or Items: information (regardless of

9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
10 the Good Cause Statement.
11
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 how it is generated, stored or maintained) or tangible things that qualify for

2.4

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

12 their support staff).
13

2.5

Designating Party: a Party or Non-Party that designates information or

14 items that it produces in disclosures or in responses to discovery as
15 “CONFIDENTIAL.”
16

2.6

Disclosure or Discovery Material: all items or information, regardless

17 of the medium or manner in which it is generated, stored, or maintained (including,
18 among other things, testimony, transcripts, and tangible things), that are produced or
19 generated in disclosures or responses to discovery in this matter.
20

2.7

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

21 pertinent to the litigation who has been retained by a Party or its counsel to serve as
22 an expert witness or as a consultant in this Action.
23

2.8

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

24 House Counsel does not include Outside Counsel of Record or any other outside
25 counsel.
26

2.9

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

27 other legal entity not named as a Party to this action.
28
006164.00012
15320762.1

2.10 Outside Counsel of Record: attorneys who are not employees of a party
-3STIPULATED PROTECTIVE ORDER

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

2.11 Party: any party to this Action, including all of its officers, directors,

5 employees, consultants, retained experts, and Outside Counsel of Record (and their
6 support staffs).
7

2.12 Producing Party: a Party or Non-Party that produces Disclosure or

8 Discovery Material in this Action.
2.13 Professional Vendors: persons or entities that provide litigation support

10 services (e.g., photocopying, videotaping, translating, preparing exhibits or
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

9

11 demonstrations, and organizing, storing, or retrieving data in any form or medium)
12 and their employees and subcontractors.
13

2.14 Protected Material: any Disclosure or Discovery Material that is

14 designated as “CONFIDENTIAL.”
15

2.15 Receiving Party: a Party that receives Disclosure or Discovery Material

16 from a Producing Party.
17 3.

SCOPE

18

The protections conferred by this Stipulation and Order cover not only

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

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

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

DURATION

26

Even after final disposition of this litigation, the confidentiality obligations

27 imposed by this Order shall remain in effect until a Designating Party agrees
28 otherwise in writing or a court order otherwise directs. Final disposition shall be
006164.00012
15320762.1

-4STIPULATED PROTECTIVE ORDER

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

DESIGNATING PROTECTED MATERIAL

7

5.1

Exercise of Restraint and Care in Designating Material for Protection.

9 this Order must take care to limit any such designation to specific material that
10 qualifies under the appropriate standards. The Designating Party must designate for
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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

11 protection only those parts of material, documents, items, or oral or written
12 communications that qualify so that other portions of the material, documents,
13 items, or communications for which protection is not warranted are not swept
14 unjustifiably within the ambit of this Order.
15

Mass, indiscriminate, or routinized designations are prohibited. Designations

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

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

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

5.2

Manner and Timing of Designations. Except as otherwise provided in

24 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
25 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
26 under this Order must be clearly so designated before the material is disclosed or
27 produced.
28 / / /
006164.00012
15320762.1

-5STIPULATED PROTECTIVE ORDER

1
2

Designation in conformity with this Order requires:
(a)

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

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

10 inspection need not designate them for protection until after the inspecting Party has
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

9

11 indicated which documents it would like copied and produced. During the
12 inspection and before the designation, all of the material made available for
13 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
14 identified the documents it wants copied and produced, the Producing Party must
15 determine which documents, or portions thereof, qualify for protection under this
16 Order. Then, before producing the specified documents, the Producing Party must
17 affix the “CONFIDENTIAL legend” to each page that contains Protected Material.
18 If only a portion or portions of the material on a page qualifies for protection, the
19 Producing Party also must clearly identify the protected portion(s) (e.g., by making
20 appropriate markings in the margins).
21

(b)

for testimony given in depositions that the Designating Party

22 identify the Disclosure or Discovery Material on the record, before the close of the
23 deposition all protected testimony.
24

(c)

for information produced in some form other than documentary

25 and for any other tangible items, that the Producing Party affix in a prominent place
26 on the exterior of the container or containers in which the information is stored the
27 legend “CONFIDENTIAL.” If only a portion or portions of the information
28
006164.00012
15320762.1

-6STIPULATED PROTECTIVE ORDER

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

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

4 failure to designate qualified information or items does not, standing alone, waive
5 the Designating Party’s right to secure protection under this Order for such material.
6 Upon timely correction of a designation, the Receiving Party must make reasonable
7 efforts to assure that the material is treated in accordance with the provisions of this
9 6.
10
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 Order.
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

11 designation of confidentiality at any time that is consistent with the Court’s
12 Scheduling Order.
13

6.2

Meet and Confer. The Challenging Party shall initiate the dispute

14 resolution process under Local Rule 37.1 et seq.
15

6.3

The burden of persuasion in any such challenge proceeding shall be on

16 the Designating Party. Frivolous challenges, and those made for an improper
17 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
18 parties) may expose the Challenging Party to sanctions. Unless the Designating
19 Party has waived or withdrawn the confidentiality designation, all parties shall
20 continue to afford the material in question the level of protection to which it is
21 entitled under the Producing Party’s designation until the Court rules on the
22 challenge.
23 7.

ACCESS TO AND USE OF PROTECTED MATERIAL

24

7.1

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

25 disclosed or produced by another Party or by a Non-Party in connection with this
26 Action only for prosecuting, defending, or attempting to settle this Action. Such
27 Protected Material may be disclosed only to the categories of persons and under the
28 conditions described in this Order. When the Action has been terminated, a
006164.00012
15320762.1

-7STIPULATED PROTECTIVE ORDER

1 Receiving Party must comply with the provisions of section 13 below (FINAL
2 DISPOSITION).
3

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

4 location and in a secure manner that ensures that access is limited to the persons
5 authorized under this Order.
6

7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

7 otherwise ordered by the court or permitted in writing by the Designating Party, a
Party

may

disclose

any

information

or

item

designated

9 “CONFIDENTIAL” only to the Receiving Party, if the Receiving Party is an
10 individual, as well as:
11
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 Receiving

(a)

the Receiving Party’s Outside Counsel of Record in this Action,

12 as well as employees of said Outside Counsel of Record to whom it is reasonably
13 necessary to disclose the information for this Action;
14

(b)

the officers, directors, and employees (including House Counsel)

15 of the Receiving Party to whom disclosure is reasonably necessary for this Action;
16

(c)

Experts (as defined in this Order) of the Receiving Party to

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

(d)

the court and its personnel;

20

(e)

court reporters and their staff;

21

(f)

professional jury or trial consultants, mock jurors, and

22 Professional Vendors to whom disclosure is reasonably necessary for this Action
23 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
24 A);
25

(g)

the author or recipient of a document containing the information

26 or a custodian or other person who otherwise possessed or knew the information;
27

(h)

during their depositions, witnesses, and attorneys for witnesses,

28 in the Action to whom disclosure is reasonably necessary provided: (1) the deposing
006164.00012
15320762.1

-8STIPULATED PROTECTIVE ORDER

1 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2)
2 they will not be permitted to keep any confidential information unless they sign the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
4 agreed by the Designating Party or ordered by the court. Pages of transcribed
5 deposition testimony or exhibits to depositions that reveal Protected Material may
6 be separately bound by the court reporter and may not be disclosed to anyone except
7 as permitted under this Stipulated Protective Order; and
(i)

any mediator or settlement officer, and their supporting

9 personnel, mutually agreed upon by any of the parties engaged in settlement
10 discussions.
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8

11 8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

12

IN OTHER LITIGATION

13

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

14 that compels disclosure of any information or items designated in this Action as
15

“CONFIDENTIAL,” that Party must:

16

(a)

promptly notify in writing the Designating Party. Such notification

17 shall include a copy of the subpoena or court order;
18

(b)

promptly notify in writing the party who caused the subpoena or order

19 to issue in the other litigation that some or all of the material covered by the
20 subpoena or order is subject to this Protective Order. Such notification shall include
21 a copy of this Stipulated Protective Order; and
22

(c)

cooperate with respect to all reasonable procedures sought to be

23 pursued by the Designating Party whose Protected Material may be affected.
24

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

25 the subpoena or court order shall not produce any information designated in this
26 action as “CONFIDENTIAL” before a determination by the court from which the
27 subpoena or order issued, unless the Party has obtained the Designating Party’s
28 permission. The Designating Party shall bear the burden and expense of seeking
006164.00012
15320762.1

-9STIPULATED PROTECTIVE ORDER

1 protection in that court of its confidential material and nothing in these provisions
2 should be construed as authorizing or encouraging a Receiving Party in this Action
3 to disobey a lawful directive from another court.
4 9.

A

5

PRODUCED IN THIS LITIGATION

6

(a)

NON-PARTY’S

PROTECTED

MATERIAL

SOUGHT

TO

BE

The terms of this Order are applicable to information produced by a

7 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
9 remedies and relief provided by this Order. Nothing in these provisions should be
10 construed as prohibiting a Non-Party from seeking additional protections.
11
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 produced by Non-Parties in connection with this litigation is protected by the

(b)

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

12 produce a Non-Party’s confidential information in its possession, and the Party is
13 subject to an agreement with the Non-Party not to produce the Non-Party’s
14 confidential information, then the Party shall:
15

(1)

promptly notify in writing the Requesting Party and the Non-

16 Party that some or all of the information requested is subject to a confidentiality
17 agreement with a Non-Party;
18

(2)

promptly provide the Non-Party with a copy of the Stipulated

19 Protective Order in this Action, the relevant discovery request(s), and a reasonably
20 specific description of the information requested; and
21

(3)

make the information requested available for inspection by the

22 Non-Party, if requested.
23

(c)

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

24 14 days of receiving the notice and accompanying information, the Receiving Party
25 may produce the Non-Party’s confidential information responsive to the discovery
26 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
27 not produce any information in its possession or control that is subject to the
28 confidentiality agreement with the Non-Party before a determination by the court.
006164.00012
15320762.1

- 10 STIPULATED PROTECTIVE ORDER

1 Absent a court order to the contrary, the Non-Party shall bear the burden and
2 expense of seeking protection in this court of its Protected Material.
3 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

4

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

5 Protected Material to any person or in any circumstance not authorized under this
6 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
9 persons to whom unauthorized disclosures were made of all the terms of this Order,
10 and (d) request such person or persons to execute the “Acknowledgment and
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

11 Agreement to Be Bound” that is attached hereto as Exhibit A.
12 11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

13

PROTECTED MATERIAL

14

When a Producing Party gives notice to Receiving Parties that certain

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

MISCELLANEOUS

25

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

26 person to seek its modification by the Court in the future.
27

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

28 Protective Order no Party waives any right it otherwise would have to object to
006164.00012
15320762.1

- 11 STIPULATED PROTECTIVE ORDER

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

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

5 Protected Material must comply with Civil Local Rule 79-5. Protected Material may
6 only be filed under seal pursuant to a court order authorizing the sealing of the
7 specific Protected Material at issue. If a Party's request to file Protected Material
9 in the public record unless otherwise instructed by the court.
10 13.

FINAL DISPOSITION

11
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

8 under seal is denied by the court, then the Receiving Party may file the information

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

12 days of a written request by the Designating Party, each Receiving Party must return
13 all Protected Material to the Producing Party or destroy such material. As used in
14 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
15 summaries, and any other format reproducing or capturing any of the Protected
16 Material. Whether the Protected Material is returned or destroyed, the Receiving
17 Party must submit a written certification to the Producing Party (and, if not the same
18 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies
19 (by category, where appropriate) all the Protected Material that was returned or
20 destroyed and (2) affirms that the Receiving Party has not retained any copies,
21 abstracts, compilations, summaries or any other format reproducing or capturing any
22 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
23 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing
24 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
25 reports, attorney work product, and consultant and expert work product, even if such
26 materials contain Protected Material. Any such archival copies that contain or
27 constitute Protected Material remain subject to this Protective Order as set forth in
28 Section 4 (DURATION).

006164.00012
15320762.1

- 12 STIPULATED PROTECTIVE ORDER

1 14.

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

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

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

5 Dated: March 13, 2017
6

LAW OFFICE OF ALEXANDER E.
PAPAEFTHIMIOU

7
By: /s/ Alexander E. Papaefthimiou
Alexander E. Papaefthimiou
Attorneys for Plaintiffs

8
10
11
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

9
Dated: March 13, 2017

ATKINSON, ANDELSON, LOYA, RUUD &
ROMO

12
By: /s/ Paul G. Szumiak
Nate J. Kowalski
Paul G. Szumiak
Attorneys for Defendant COUNTY OF
SAN BERNARDINO

13
14
15
16

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

17
18
19
20
21

Dated: March 13, 2017
______________________________________________

Hon. Kenly Kiya Kato
United States Magistrate Judge

22
23
24
25
26
27
28
006164.00012
15320762.1

- 13 STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3
4

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

5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that
7 was issued by the United States District Court for the Central District of California
8 on [date] in the case of David Denkin v. County of San Bernardino, C.D. Cal.
10 the terms of this Stipulated Protective Order and I understand and acknowledge that
11 failure to so comply could expose me to sanctions and punishment in the nature of
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
12800 CENTER COURT DRIVE SOUTH, SUITE 300
CERRITOS, CALIFORNIA 90703‐9364
TELEPHONE: 562 653‐3200
FAX: 562 653‐3333

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

9 Case No. 5:16-cv-00044 JGB (KKx). I agree to comply with and to be bound by all

12 contempt. I solemnly promise that I will not disclose in any manner any information
13 or item that is subject to this Stipulated Protective Order to any person or entity
14 except in strict compliance with the provisions of this 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 __________________________ [print or
19 type full name] of _______________________________________ [print or type
20 full address and telephone number] as my California agent for service of process in
21 connection with this action or any proceedings related to enforcement of this
22 Stipulated Protective Order.
23
24

Date: ______________________________________

25 City and State where sworn and signed: _________________________________
26 Printed name: _______________________________
27
28 Signature: __________________________________
006164.00012
15320762.1

- 14 STIPULATED PROTECTIVE ORDER