Kirkland Oard v. Daily Press, LLC et al

Filing 22

MINUTES (IN CHAMBERS) ORDER RE: STIPULATED PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order #21 The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated. (SEE ORDER FOR DETAILS) (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

EDCV 16-2039-SVW (KKx)

Date: February 14, 2017

Title: Kirkland Oard v. Daily Press, LLC, et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order re: Stipulated Protective Order [Dkt. 21]

The parties’ proposed Stipulation and Protective Order has been referred by the District
Judge to the Magistrate Judge for consideration. The parties are advised that the Court declines
to issue the proposed protective order to which they have stipulated for the following reasons:
1.
While the Court is willing to enter a protective order in accordance with the
parties’ stipulation in order to facilitate the conduct of discovery, the Court is unwilling to
include in the protective order any provisions relating to evidence presented at trial or other
court hearings or proceedings. Any use of Protected Material at trial or other court hearings
or proceedings shall be governed by the orders of the trial judge. The stipulation should,
thus, include language to make this explicit.
2.
The stipulation needs to be revised to make clear that the terms of the Protective
Order do not apply to the Court and court personnel, including court reporters, who are subject
only to the Court’s internal procedures regarding the handling of material filed or lodged,
including material filed or lodged under seal.
3.
Proposed ¶¶ 7 and 11 need to be revised to make clear that any motion challenging
a party’s designation of material as Confidential Information, a Designation Motion, or a motion
seeking to modify or amend the proposed Protective Order must be brought in strict compliance
with Local Rules 37-1 and 37-2 (including the Joint Stipulation requirement).
Page 1 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk __

4.
Proposed ¶ 19 needs to be revised to make clear a Party that seeks to file under
seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may
only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected
Material at issue. If a Party’s request to file Protected Material under seal is denied by the court,
then the Receiving Party may file the information in the public record unless otherwise instructed
by the court.
5.
The signature block for the judge in the proposed Order needs to be changed to
the signature block for the Magistrate Judge.
The parties are further directed to the Court’s sample stipulated protective order
located on the Court’s website for a sample of the format of an approved stipulated
protective order. The parties are strongly encouraged to use the language contained in the
approved stipulated protective order.

cc:

United States District Judge Stephen V. Wilson

Page 2 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk __