Victor Concepcion v. County of San Bernardino et al

Filing 27

ORDER APPROVING STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 26 (dts)

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1 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Corporation 2 Nate J. Kowalski State Bar No. 181136 NKowalski@aalrr.com 3 Paul G. Szumiak State Bar No. 109982 PSzumiak@aalrr.com 4 12800 Center Court Drive South, Suite 300 Cerritos, California 90703-9364 5 Telephone: (562) 653-3200 Fax: (562) 653-3333 6 Attorneys for Defendant COUNTY OF SAN 7 BERNARDINO A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 EASTERN DIVISION 11 12 VICTOR CONCEPCION, individually and on behalf of all others similarly 13 situated, 14 Plaintiffs, 15 v. 16 COUNTY OF SAN BERNARDINO, a legal subdivision of the State of 17 California, and DOES 1-10, inclusive, 18 Case No. 5:16-cv-00752 JGB (KKx) STIPULATED PROTECTIVE ORDER Judge: Ctrm.: Hon. Jesus G. Bernal 1 Complaint Filed: April 20, 2016 Defendants. 19 20 1. A. PURPOSES AND LIMITATIONS 21 Discovery in this action is likely to involve production of confidential, 22 proprietary, or private information for which special protection from public 23 disclosure and from use for any purpose other than prosecuting this litigation may 24 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 25 enter the following Stipulated Protective Order. The parties acknowledge that this 26 Order does not confer blanket protections on all disclosures or responses to 27 discovery and that the protection it affords from public disclosure and use extends 28 only to the limited information or items that are entitled to confidential treatment 006164.00015 14897121.1 STIPULATED PROTECTIVE ORDER 1 under the applicable legal principles. The parties further acknowledge, as set forth in 2 Section 12.3, below, that this Stipulated Protective Order does not entitle them to 3 file confidential information under seal; Civil Local Rule 79-5 sets forth the 4 procedures that must be followed and the standards that will be applied when a party 5 seeks permission from the court to file material under seal. 6 B. 7 In this action Plaintiff, a Social Worker employed by Defendant, claims he GOOD CAUSE STATEMENT A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 performed work in his capacity as a social worker for which he claims he was not 9 paid by Defendant. Plaintiff works in the Child and Family Services Department 10 and as part of his job duties he interacts with juveniles and their families and/or 11 guardians, and has knowledge of the juveniles’ private information such as personal 12 contact and identification information, the factual details requiring the intervention 13 of the County, and medical and psychological information of the minor. This 14 information is contained in emails between Plaintiff and his supervisors, and in 15 reports prepared by Plaintiff. These emails and reports may be relevant to Plaintiff’s 16 claim to the extent such documents indicate the time the work was performed and 17 the amount of time needed to prepare the email, report, etc. Such confidential 18 information contained in these documents implicates the privacy rights of third 19 persons in addition to the minor, and is deemed confidential pursuant to Cal. 20 Welfare and Institutions Code sec. 10850 et seq. Accordingly, to expedite the flow 21 of information, to facilitate the prompt resolution of disputes over confidentiality of 22 discovery materials, to adequately protect information the parties are entitled to keep 23 confidential, to ensure that the parties are permitted reasonable necessary uses of 24 such material in preparation for and in the conduct of trial, to address their handling 25 at the end of the litigation, and serve the ends of justice, a protective order for such 26 information is justified in this matter. It is the intent of the parties that information 27 will not be designated as confidential for tactical reasons and that nothing be so 28 designated without a good faith belief that it has been maintained in a confidential, 006164.00015 14897121.1 -2STIPULATED PROTECTIVE ORDER 1 non-public manner, and there is good cause why it should not be part of the public 2 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 6 designation of information or items under this Order. 7 2.3 “CONFIDENTIAL” Information or Items: information (regardless of A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 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 9 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 10 the Good Cause Statement. 11 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 19 or 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 22 as 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, 27 or other legal entity not named as a Party to this action. 28 006164.00015 14897121.1 -3STIPULATED PROTECTIVE ORDER 1 2.10 Outside Counsel of Record: attorneys who are not employees of a 2 party to this Action but are retained to represent or advise a party to this Action 3 and have appeared in this Action on behalf of that party or are affiliated with a law 4 firm which has appeared on behalf of that party, and includes support staff. 5 2.11 Party: any party to this Action, including all of its officers, directors, 6 employees, consultants, retained experts, and Outside Counsel of Record (and their 7 support staffs). A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 9 Discovery Material in this Action. 10 2.13 Professional Vendors: persons or entities that provide litigation 11 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 12 demonstrations, and organizing, storing, or retrieving data in any form or medium) 13 and their employees and subcontractors. 14 2.14 Protected Material: any Disclosure or Discovery Material that is 15 designated as “CONFIDENTIAL.” 16 2.15 Receiving Party: a Party that receives Disclosure or Discovery 17 Material from a Producing Party. 18 3. SCOPE 19 The protections conferred by this Stipulation and Order cover not only 20 Protected Material (as defined above), but also (1) any information copied or 21 extracted from Protected Material; (2) all copies, excerpts, summaries, or 22 compilations of Protected Material; and (3) any testimony, conversations, or 23 presentations by Parties or their Counsel that might reveal Protected Material. 24 Any use of Protected Material at trial shall be governed by the orders of the 25 trial judge. This Order does not govern the use of Protected Material at trial. 26 4. DURATION 27 Even after final disposition of this litigation, the confidentiality obligations 28 imposed by this Order shall remain in effect until a Designating Party agrees 006164.00015 14897121.1 -4STIPULATED PROTECTIVE ORDER 1 otherwise in writing or a court order otherwise directs. Final disposition shall be 2 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 3 or without prejudice; and (2) final judgment herein after the completion and 4 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 5 including the time limits for filing any motions or applications for extension of time 6 pursuant to applicable law. A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 DESIGNATING PROTECTED MATERIAL 8 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 7 5. 5.1 Exercise of Restraint and Care in Designating Material for Protection. 9 Each Party or Non-Party that designates information or items for protection under 10 this Order must take care to limit any such designation to specific material that 11 qualifies under the appropriate standards. The Designating Party must designate for 12 protection only those parts of material, documents, items, or oral or written 13 communications that qualify so that other portions of the material, documents, 14 items, or communications for which protection is not warranted are not swept 15 unjustifiably within the ambit of this Order. 16 Mass, indiscriminate, or routinized designations are prohibited. Designations 17 that are shown to be clearly unjustified or that have been made for an improper 18 purpose (e.g., to unnecessarily encumber the case development process or to impose 19 unnecessary expenses and burdens on other parties) may expose the Designating 20 Party to sanctions. 21 If it comes to a Designating Party’s attention that information or items that it 22 designated for protection do not qualify for protection, that Designating Party must 23 promptly notify all other Parties that it is withdrawing the inapplicable designation. 24 5.2 Manner and Timing of Designations. Except as otherwise provided in 25 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 26 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 27 under this Order must be clearly so designated before the material is disclosed or 28 produced. 006164.00015 14897121.1 -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 A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 portion(s) (e.g., by making appropriate markings in the margins). 9 A Party or Non-Party that makes original documents available for inspection 10 need not designate them for protection until after the inspecting Party has indicated 11 which documents it would like copied and produced. During the inspection and 12 before the designation, all of the material made available for inspection shall be 13 deemed “CONFIDENTIAL.” After the inspecting Party has identified the 14 documents it wants copied and produced, the Producing Party must determine which 15 documents, or portions thereof, qualify for protection under this Order. Then, before 16 producing the specified documents, the Producing Party must affix the 17 “CONFIDENTIAL legend” to each page that contains Protected Material. If only a 18 portion or portions of the material on a page qualifies for protection, the Producing 19 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 20 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 warrants protection, the Producing Party, to the extent practicable, shall identify the 006164.00015 14897121.1 -6STIPULATED PROTECTIVE ORDER 1 protected portion(s). 2 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive 4 the Designating Party’s right to secure protection under this Order for such 5 material. Upon timely correction of a designation, the Receiving Party must make 6 reasonable efforts to assure that the material is treated in accordance with the 7 provisions of this Order. A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37.1 et seq. 14 6.3 The burden of persuasion in any such challenge proceeding shall be 15 on the Designating Party. Frivolous challenges, and those made for an improper 16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 parties) may expose the Challenging Party to sanctions. Unless the Designating 18 Party has waived or withdrawn the confidentiality designation, all parties shall 19 continue to afford the material in question the level of protection to which it is 20 entitled under the Producing Party’s designation until the Court rules on the 21 challenge. 22 7. ACCESS TO AND USE OF PROTECTED MATERIAL 23 7.1 Basic Principles. A Receiving Party may use Protected Material that is 24 disclosed or produced by another Party or by a Non-Party in connection with this 25 Action only for prosecuting, defending, or attempting to settle this Action. Such 26 Protected Material may be disclosed only to the categories of persons and under 27 the conditions described in this Order. When the Action has been terminated, a 28 006164.00015 14897121.1 -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 A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 Receiving 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) the Receiving Party’s Outside Counsel of Record in this Action, as 12 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) of 15 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 whom 17 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 Professional 22 Vendors to whom disclosure is reasonably necessary for this Action and who have 23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 24 (g) the author or recipient of a document containing the information or a 25 custodian or other person who otherwise possessed or knew the information; 26 (h) during their depositions, witnesses, and attorneys for witnesses, in 27 the Action to whom disclosure is reasonably necessary provided: (1) the deposing 28 party requests that the witness sign the form attached as Exhibit 1 hereto; and (2) 006164.00015 14897121.1 -8STIPULATED PROTECTIVE ORDER 1 they will not be permitted to keep any confidential information unless they sign the 2 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 3 agreed by the Designating Party or ordered by the court. Pages of transcribed 4 deposition testimony or exhibits to depositions that reveal Protected Material may 5 be separately bound by the court reporter and may not be disclosed to anyone 6 except as permitted under this Stipulated Protective Order; and 7 (i) any mediator or settlement officer, and their supporting personnel, A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 mutually agreed upon by any of the parties engaged in settlement discussions. 9 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 10 IN OTHER LITIGATION 11 If a Party is served with a subpoena or a court order issued in other litigation 12 that compels disclosure of any information or items designated in this Action as 13 “CONFIDENTIAL,” that Party must: 14 (a) promptly notify in writing the Designating Party. Such 15 notification shall include a copy of the subpoena or court order; 16 (b) promptly notify in writing the party who caused the subpoena 17 or order to issue in the other litigation that some or all of the material covered by 18 the subpoena or order is subject to this Protective Order. Such notification shall 19 include a copy of this Stipulated Protective Order; and 20 (c) cooperate with respect to all reasonable procedures sought to be 21 pursued by the Designating Party whose Protected Material may be affected. 22 If the Designating Party timely seeks a protective order, the Party served with 23 the subpoena or court order shall not produce any information designated in this 24 action as “CONFIDENTIAL” before a determination by the court from which the 25 subpoena or order issued, unless the Party has obtained the Designating Party’s 26 permission. The Designating Party shall bear the burden and expense of seeking 27 protection in that court of its confidential material and nothing in these provisions 28 should be construed as authorizing or encouraging a Receiving Party in this Action 006164.00015 14897121.1 -9STIPULATED PROTECTIVE ORDER 1 to disobey a lawful directive from another court. 2 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 3 PRODUCED IN THIS LITIGATION 4 (a) The terms of this Order are applicable to information produced 5 by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such 6 information produced by Non-Parties in connection with this litigation is protected 7 by the remedies and relief provided by this Order. Nothing in these provisions A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 should be construed as prohibiting a Non-Party from seeking additional 9 protections. 10 (b) In the event that a Party is required, by a valid discovery request, to 11 produce a Non-Party’s confidential information in its possession, and the Party is 12 subject to an agreement with the Non-Party not to produce the Non-Party’s 13 confidential information, then the Party shall: 14 (1) promptly notify in writing the Requesting Party and the Non-Party 15 that some or all of the information requested is subject to a confidentiality 16 agreement with a Non-Party; 17 (2) promptly provide the Non-Party with a copy of the Stipulated 18 Protective Order in this Action, the relevant discovery request(s), and a reasonably 19 specific description of the information requested; and 20 (3) make the information requested available for inspection by the 21 Non-Party, if requested. 22 (c) If the Non-Party fails to seek a protective order from this court within 23 14 days of receiving the notice and accompanying information, the Receiving 24 Party may produce the Non-Party’s confidential information responsive to the 25 discovery request. If the Non-Party timely seeks a protective order, the Receiving 26 Party shall not produce any information in its possession or control that is subject 27 to the confidentiality agreement with the Non-Party before a determination by the 28 006164.00015 14897121.1 - 10 STIPULATED PROTECTIVE ORDER 1 court. 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 A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 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 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 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 006164.00015 14897121.1 - 11 STIPULATED PROTECTIVE ORDER 1 disclosing or producing any information or item on any ground not addressed in 2 this Stipulated Protective Order. Similarly, no Party waives any right to object on 3 any ground to use in evidence of any of the material covered by this Protective 4 Order. 5 12.3 Filing Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Civil Local Rule 79-5. Protected Material 7 may only be filed under seal pursuant to a court order authorizing the sealing of the A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 specific Protected Material at issue. If a Party's request to file Protected Material 9 under seal is denied by the court, then the Receiving Party may file the information 10 in the public record unless otherwise instructed by the court. 11 13. FINAL DISPOSITION 12 After the final disposition of this Action, as defined in paragraph 4, within 60 13 days of a written request by the Designating Party, each Receiving Party must return 14 all Protected Material to the Producing Party or destroy such material. As used in 15 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 16 summaries, and any other format reproducing or capturing any of the Protected 17 Material. Whether the Protected Material is returned or destroyed, the Receiving 18 Party must submit a written certification to the Producing Party (and, if not the same 19 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 20 (by category, where appropriate) all the Protected Material that was returned or 21 destroyed and (2) affirms that the Receiving Party has not retained any copies, 22 abstracts, compilations, summaries or any other format reproducing or capturing any 23 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 24 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 25 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 26 reports, attorney work product, and consultant and expert work product, even if such 27 materials contain Protected Material. Any such archival copies that contain or 28 constitute Protected Material remain subject to this Protective Order as set forth in 006164.00015 14897121.1 - 12 STIPULATED PROTECTIVE ORDER 1 Section 4 (DURATION). 2 14. Any violation of this Order may be punished by any and all appropriate 3 measures including, without limitation, contempt proceedings and/or monetary 4 sanctions. 5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 7 Dated: January 24, 2017 A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 9 LAW OFFICE OF ALEXANDER E. PAPAEFTHIMIOU By: /s/ Alexander E. Papaefthimiou Alexander E. Papaefthimiou Attorneys for Plaintiff VICTOR CONCEPCION 10 11 12 13 Dated: January 24, 2017 14 15 By: /s/ Paul G. Szumiak Nate J. Kowalski Paul G. Szumiak Attorneys for Defendant COUNTY OF SAN BERNARDINO 16 17 18 19 ATKINSON, ANDELSON, LOYA, RUUD & ROMO FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 Dated: January 25, 2017 22 23 24 ______________________________________________ Kenly Kiya Kato United States District/Magistrate Judge 25 26 27 28 006164.00015 14897121.1 - 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 A PROFESSIONAL CORPO RATION ATTORNEYS AT LAW 12800 CENTER COURT DRIVE SOUTH, SUITE 300 CERRITOS, CAL IFORNIA 90703-9364 TELEPHONE: (562) 653- 3200 FAX: (562) 653-3333 ATKINSON, ANDELSON, LOYA, RUUD & ROMO 8 on [date] in the case of Victor Concepcion v. County of San Bernardino, C.D. 9 Cal. Case No. 5:16-cv-00752 JGB (KKx). I agree to comply with and to be bound 10 by all the terms of this Stipulated Protective Order and I understand and 11 acknowledge that failure to so comply could expose me to sanctions and punishment 12 in the nature of contempt. I solemnly promise that I will not disclose in any manner 13 any information or item that is subject to this Stipulated Protective Order to any 14 person or entity 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 for the 16 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 Date: ______________________________________ 24 25 City and State where sworn and signed: _________________________________ 26 Printed name: _______________________________ 27 28 Signature: __________________________________ 006164.00015 14897121.1 - 14 STIPULATED PROTECTIVE ORDER

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