Amber Wallisa v. City of Hesparia et al
Filing
29
PROTECTIVE ORDER by Magistrate Judge Kenly Kiya Kato re Stipulation for Protective Order 28 . The parties are advised that the Court declines to issue the proposed protective order to which they have stipulated. (See order for details) (jlo)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.
EDCV 16-2638-FMO (KKx)
Date: June 21, 2017
Title: Amber Wallisa v. City of Hesparia, 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. 28]
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. As currently written,
paragraphs 1 and 5.5 of the proposed Protective Order are ambiguous and must be revised 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, 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 paragraph 4.3 needs to be revised to make clear that any motion
challenging a party’s designation of material as Confidential Information must be brought in
strict compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation requirement).
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4.
Proposed paragraphs 1A and 5.5 need 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.
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 Fernando M. Olguin
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