Rachel Montanez et al v. Woodside Village Apartments, L.P. et al

Filing 64

REVISED STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver (sbu)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION 10 11 RACHEL MONTANEZ, an individual, C.R., a minor by and through her 12 general guardian, RACHEL MONTANEZ; J.R. a minor by and 13 through her general guardian, RACHEL MONTANEZ; A.R., a minor by and 14 through his general guardian, RACHEL MONTANEZ, 15 Plaintiff, 16 vs. 17 WOODSIDE VILLAGE 18 APARTMENTS, L.P., A California Limited Partnership; SATELLITE 19 PROPERTY MANAGEMENT COMPANY, INC., A California 20 Corporation, and DOES 1 through 110 CASE NO. 8:16-cv-01785-DOC-RAO REVISED STIPULATED PROTECTIVE ORDER District Judge The Hon. David O. Carter Magistrate Judge The Hon. Rozella A. Oliver Trial Date: December 12, 2017 Defendant. 21 22 23 24 1. A. PURPOSE AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary 25 or private information for which special protection from public disclosure and from use for 26 any purpose other than prosecuting this litigation may be warranted. Accordingly, the 27 parties hereby stipulate to and petition the Court to enter the following Stipulated LEWI S BRISBOI S BISGAAR 28 Protective Order. The parties acknowledge that this Order does not confer blanket 4843-0131-6940.1 8:16-cv-01785-DOC-RAO [PROPOSED] STIPULATED PROTECTIVE ORDER 1 protections on all disclosures or responses to discovery and that the protection it affords 2 from public disclosure and use extends only to the limited information or items that are 3 entitled to confidential treatment under the applicable legal principles. 4 B. GOOD CAUSE STATEMENT 5 Plaintiffs’ Counsel has sought “personal information” for each and every tenant, 6 both current and prior, that has resided at Woodside Village Apartments, as that term is 7 defined under California Civil Code 1798.1. Woodside’s current and prior tenants are also 8 entitled to privacy under Art. 1 Sec. 1 of the California Constitution and the Fourth 9 Amendment of the U.S. Constitution, which includes the disclosure of their “personal 10 information.” In this case, Plaintiffs’ counsel seeks the addresses and phone numbers of 11 the current and prior tenants at Woodside Village. 12 Disclosure by Satellite Management Company and Woodside Village Apartments, 13 LP of their current and prior tenants personal information may result in an invasion of 14 these individuals’ right to personal privacy, subject Satellite Management and Woodside 15 Village Apartments to civil liability for disclosure of tenants’ personal information and 16 adversely affect business operations by disturbing current Woodside Village residents. 17 However, Plaintiff’s counsel has a right to conduct discovery in a manner commensurate 18 with the amount in controversy and the needs of this case. 19 Accordingly, to expedite the flow of information, to facilitate prompt resolution of 20 disputes over confidentiality of discovery materials, to ensure that parties are permitted 21 reasonably necessary uses of such material in preparation for and in the conduct of trial, to 22 address their handling at the end of litigation, to serve the ends of justice; and to prevent 23 the use of the discovery process from facilitating the California Rules of Professional 24 Conduct’s ban on unsolicited offers for legal services under RPC 1-400, et seq., a 25 Protective Order for such information is justified in this matter. 26 To that end, Satellite Management Company and Woodside Village, LP will 27 produce the mailing addresses for the requested tenants for a time period of June 1, 2015, LEWI S BRISBOI S BISGAAR 28 to March 8, 2017. 4843-0131-6940.1 2 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO Plaintiffs’ communications with third-parties whose personal information they 1 2 receive, will be limited strictly to those communications necessary to ascertain whether 3 they have information relevant to this case, such as the identity of the Plaintiffs, the nature 4 of Plaintiffs’ claims and whether they have witnessed or personally experienced identical 5 or similar events at Woodside Village Apartments. Plaintiffs’ counsel shall not use the personal information pertaining to current and 6 7 former tenants of Woodside Village Apartments received from Defendants to solicit new 8 business. Assuming no such use, Plaintiffs’ counsel is not precluded from accepting new 9 business from a current or former tenant of Woodside. This Protective Order is consistent with the rulings in Sanders v. Edge Holdings, 10 11 2012 U.S. Dist. Lexis 27090 (S.D. Cal. Mar. 1, 2012) and Zuniga v. Western Apts., 2014 12 U.S. Dist. LEXIS 83135 (C.D. Cal. Mar. 25, 2014). Any writing sent by Plaintiffs’ 13 counsel to current or former tenants of Woodside Village Apartments shall make clear 14 those contacted are under no obligation whatsoever to respond in any manner to the 15 writing. Any future letter sent by Plaintiffs’ counsel to current or former tenants of 16 17 Woodside Village Apartments shall not refer to the resident manager, Kelly Buehler, by 18 name. 19 It is the intent of the parties that information will not be designated as confidential 20 for tactical reasons and that nothing be so designated without a good faith belief that it has 21 been maintained in a confidential, non-public manner and there is good cause why it 22 should not be part of the public record in this case. 23 24 25 C. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER SEAL. The parties further acknowledge, as set forth in Section 12.3, below, that this 26 Stipulated Protective Order does not entitle them to file confidential information under 27 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 3 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 standards that will be applied when a party seeks permission from the court to file material 2 under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, good 5 cause must be shown to support a filing under seal. See Kamakana v. City and County of 6 Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 7 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 8 (E.D. Wis. 1999) (even stipulated protective orders require good cause showing), and a 9 specific showing of good cause or compelling reasons with proper evidentiary support and 10 legal justification, must be made with respect to Protected Material that a party seeks to 11 file under seal. The parties’ mere designation of Disclosure or Discovery Material as 12 CONFIDENTIAL does not— without the submission of competent evidence by 13 declaration, establishing that the material sought to be filed under seal qualifies as 14 confidential, privileged, or otherwise protectable—constitute good cause. 15 Further, if a party requests sealing related to a dispositive motion or trial, then 16 compelling reasons, not only good cause, for the sealing must be shown, and the relief 17 sought shall be narrowly tailored to serve the specific interest to be protected. See Pintos v. 18 Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of 19 information, document, or thing sought to be filed or introduced under seal in connection 20 with a dispositive motion or trial, the party seeking protection must articulate compelling 21 reasons, supported by specific facts and legal justification, for the requested sealing order. 22 Again, competent evidence supporting the application to file documents under seal must be 23 provided by declaration. 24 Any document that is not confidential, privileged, or otherwise protectable in its 25 entirety will not be filed under seal if the confidential portions can be redacted. If 26 documents can be redacted, then a redacted version for public viewing, omitting only the 27 confidential, privileged, or otherwise protectable portions of the document, shall be filed. LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 4 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 Any application that seeks to file documents under seal in their entirety should include an 2 explanation of why redaction is not feasible. 2. DEFINITIONS 3 4 2.1 Action: This pending federal lawsuit, Case No. 8:16-cv-01785-DOC-RAO. 5 2.2 Challenging Party: a Party or Non-Party that challenges the designation of 6 information or items under this Order. 7 8 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how it is 9 generated, stored or maintained) or tangible things that qualify for protection 10 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good 11 Cause Statement. 12 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their 13 support staff). 14 2.5 Designating Party: a Party or Non-Party that designates information or items 15 16 that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL.” 18 2.6 Disclosure or Discovery Material: all items or information, regardless of the 19 medium or manner in which it is generated, stored, or maintained (including, 20 among other things, testimony, transcripts, and tangible things), that are 21 produced or generated in disclosures or responses to discovery in this matter. 22 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent 23 to the litigation who has been retained by a Party or its counsel to serve as an 24 expert witness or as a consultant in this Action. 25 26 / / 27 / / LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 5 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 2.8 House Counsel: attorneys who are employees of a party to this Action. House 2 Counsel does not include Outside Counsel of Record or any other outside 3 counsel. 4 2.9 Non-Party: any natural person, partnership, corporation, association or other 5 legal entity not named as a Party to this action. 6 2.10 7 Outside Counsel of Record: attorneys who are not employees of a party to 8 this Action but are retained to represent or advise a party to this Action and have 9 appeared in this Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that party, and includes support staff. 10 11 2.11 Party: any party to this Action, including all of its officers, directors, 12 employees, consultants, retained experts, and Outside Counsel of Record (and 13 their support staffs). 14 2.12 15 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action. 16 17 2.13 Professional Vendors: persons or entities that provide litigation support 18 services (e.g., photocopying, videotaping, translating, preparing exhibits or 19 demonstrations, and organizing, storing, or retrieving data in any form or 20 medium) and their employees and subcontractors. 21 2.14 22 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 23 2.15 24 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 25 26 / / 27 / / LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 6 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 2 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected 3 Material (as defined above), but also (1) any information copied or extracted from 4 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected 5 Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel 6 that might reveal Protected Material. Any use of Protected Material at trial shall be 7 governed by the orders of the trial judge. This Order does not govern the use of Protected 8 Material at trial. 9 10 4. DURATION Once a case proceeds to trial, information that was designated as CONFIDENTIAL 11 or maintained pursuant to this protective order used or introduced as an exhibit at trial 12 becomes public and will be presumptively available to all members of the public, including 13 the press, unless compelling reasons supported by specific factual findings to proceed 14 otherwise are made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 15 1180-81 (distinguishing “good cause” showing for sealing documents produced in 16 discovery from “compelling reasons” standard when merits-related documents are part of 17 court record). Accordingly, the terms of this protective order do not extend beyond the 18 commencement of the trial. 19 20 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 21 Party or Non-Party that designates information or items for protection under this Order 22 must take care to limit any such designation to specific material that qualifies under the 23 appropriate standards. The Designating Party must designate for protection only those 24 parts of material, documents, items or oral or written communications that qualify so that 25 other portions of the material, documents, items or communications for which protection is 26 not warranted are not swept unjustifiably within the ambit of this Order. Mass, 27 indiscriminate or routinized designations are prohibited. Designations that are shown to be LEWI S BRISBOI S BISGAAR 28 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 4843-0131-6940.1 8:16-cv-01785-DOC-RAO 7 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 encumber the case development process or to impose unnecessary expenses and burdens 2 on other parties) may expose the Designating Party to sanctions. If it comes to a 3 Designating Party’s attention that information or items that it designated for protection do 4 not qualify for protection, that Designating Party must promptly notify all other Parties that 5 it is withdrawing the inapplicable designation. 6 5.2 Manner & Timing of Designations. Except as otherwise provided in this 7 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 8 ordered, Disclosure or Discovery Material that qualifies for protection under this Order 9 must be clearly so designated before the material is disclosed or produced. 10 Designation in conformity with this Order requires: 11 (a) for information in documentary form (e.g., paper or electronic documents, but 12 excluding transcripts of depositions or other pretrial or trial proceedings), that the 13 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter 14 “CONFIDENTIAL legend”), to each page that contains protected material. If only a 15 portion of the material on a page qualifies for protection, the Producing Party also must 16 clearly identify the protected portion(s) (e.g., by making appropriate markings in the 17 margins). 18 A Party or Non-Party that makes original documents available for inspection need 19 not designate them for protection until after the inspecting Party has indicated which 20 documents it would like copied and produced. During the inspection and before the 21 designation, all of the material made available for inspection shall be deemed 22 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants 23 copied and produced, the Producing Party must determine which documents, or portions 24 thereof, qualify for protection under this Order. Then, before producing the specified 25 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page 26 that contains Protected Material. If only a portion of the material on a page qualifies for 27 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by LEWI S BRISBOI S BISGAAR 28 making appropriate markings in the margins). 4843-0131-6940.1 8 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO (b) for testimony given in depositions that the Designating Party identifies the 1 2 Disclosure or Discovery Material on the record, before the close of the deposition all 3 protected testimony. (c) for information produced in some form other than documentary and for any 4 5 other tangible items, that the Producing Party affix in a prominent place on the exterior of 6 the container or containers in which the information is stored the legend 7 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, 8 the Producing Party, to the extent practicable, shall identify the protected portion(s). 5.3 9 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure 10 to designate qualified information or items does not, standing alone, waive the Designating 11 Party’s right to secure protection under this Order for such material. Upon timely 12 correction of a designation, the Receiving Party must make reasonable efforts to assure 13 that the material is treated in accordance with the provisions of this Order. 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 14 6.1 15 Timing of Challenges. Any Party or Non-Party may challenge a designation 16 of confidentiality at any time that is consistent with the Court’s Scheduling Order. 6.2 17 Meet and Confer. The Challenging Party shall initiate the dispute resolution 18 process under Local Rule 37-1 et seq. 6.3 19 Joint Stipulation. Any challenge submitted to the Court shall be via a joint 20 stipulation pursuant to Local Rule 37-2. 6.4 21 The burden of persuasion in any such challenge proceeding shall be on the 22 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g., to 23 harass or impose unnecessary expenses and burdens on other parties) may expose the 24 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn the 25 confidentiality designation, all parties shall continue to afford the material in question the 26 level of protection to which it is entitled under the Producing Party’s designation until the 27 Court rules on the challenge. LEWI S BRISBOI S BISGAAR 28 / / 4843-0131-6940.1 9 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 2 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is 3 disclosed or produced by another Party or by a Non-Party in connection with this Action 4 only for prosecuting, defending or attempting to settle this Action. Such Protected 5 Material may be disclosed only to the categories of persons and under the conditions 6 described in this Order. When the Action has been terminated, a Receiving Party must 7 comply with the provisions of section 13 below (FINAL DISPOSITION). Protected 8 Material must be stored and maintained by a Receiving Party at a location and in a secure 9 manner that ensures that access is limited to the persons authorized under this Order. 10 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 11 ordered by the court or permitted in writing by the Designating Party, a Receiving Party 12 may disclose any information or item designated “CONFIDENTIAL” only to: a. the Receiving Party’s Outside Counsel of Record in this Action, as 13 14 well as employees of said Outside Counsel of Record to whom it is reasonably necessary 15 to disclose the information for this Action b. the officers, directors, and employees (including House Counsel) of 16 17 the Receiving Party to whom disclosure is reasonably necessary for this Action; c. Experts (as defined in this Order) of the Receiving Party to whom 18 19 disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 d. the court and its personnel; 22 e. court reporters and their staff; 23 f. professional jury or trial consultants, mock jurors, and Professional 24 Vendors to whom disclosure is reasonably necessary for this Action and who have signed 25 the “Acknowledgment and Agreement to Be Bound” (Exhibit A); g. the author or recipient of a document containing the information or a 26 27 custodian or other person who otherwise possessed or knew the information; LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 10 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO h. during their depositions, witnesses, and attorneys for witnesses, in the 1 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will not 4 be permitted to keep any confidential information unless they sign the “Acknowledgment 5 and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating 6 Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to 7 depositions that reveal Protected Material may be separately bound by the court reporter 8 and may not be disclosed to anyone except as permitted under this Stipulated Protective 9 Order; and 10 i. any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions. 12 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 13 LITIGATION 14 If a Party is served with a subpoena or a court order issued in other litigation that 15 compels disclosure of any information or items designated in this Action as 16 “CONFIDENTIAL,” that Party must: 17 a. promptly notify in writing the Designating Party. Such notification shall 18 include a copy of the subpoena or court order; 19 b. promptly notify in writing the party who caused the subpoena or order to 20 issue in the other litigation that some or all of the material covered by the subpoena or 21 order is subject to this Protective Order. Such notification shall include a copy of this 22 Stipulated Protective Order; and 23 c. cooperate with respect to all reasonable procedures sought to be pursued 24 by the Designating Party whose Protected Material may be affected. 25 If the Designating Party timely seeks a protective order, the Party served with the 26 subpoena or court order shall not produce any information designated in this action as 27 “CONFIDENTIAL” before a determination by the court from which the subpoena or order LEWI S BRISBOI S BISGAAR 28 issued, unless the Party has obtained the Designating Party’s permission. The Designating 4843-0131-6940.1 8:16-cv-01785-DOC-RAO 11 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 Party shall bear the burden and expense of seeking protection in that court of its 2 confidential material and nothing in these provisions should be construed as authorizing or 3 encouraging a Receiving Party in this Action to disobey a lawful directive from another 4 court. 5 6 7 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN LITIGATION. a. The terms of this Order are applicable to information produced by a Non- 8 Party in this Action and designated as “CONFIDENTIAL.” Such information produced by 9 Non-Parties in connection with this litigation is protected by the remedies and relief 10 provided by this Order. Nothing in these provisions should be construed as prohibiting a 11 Non-Party from seeking additional protections. 12 b. In the event that a Party is required, by a valid discovery request, to 13 produce a Non-Party’s confidential information in its possession, and the Party is subject 14 to an agreement with the Non-Party not to produce the Non-Party’s confidential 15 information, then the Party shall: 16 1. promptly notify in writing the Requesting Party and the 17 Non-Party that some or all of the information requested is 18 subject to a confidentiality agreement with a Non-Party; 19 2. promptly provide the Non-Party with a copy of the 20 Stipulated Protective Order in this Action, the relevant 21 discovery request(s), and a reasonably specific description 22 of the information requested; and 23 24 25 3. make the information requested available for inspection by the Non-Party, if requested. c. If the Non-Party fails to seek a protective order from this court within 14 26 days of receiving the notice and accompanying information, the Receiving Party may 27 produce the Non-Party’s confidential information responsive to the discovery request. If LEWI S BRISBOI S BISGAAR 28 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any 4843-0131-6940.1 8:16-cv-01785-DOC-RAO 12 [PROPOSED] STIPULATED PROTECTIVE ORDER 1 information in its possession or control that is subject to the confidentiality agreement with 2 the Non-Party before a determination by the court. Absent a court order to the contrary, the 3 Non-Party shall bear the burden and expense of seeking protection in this court of its 4 Protected Material. 5 6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL. If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 7 Protected Material to any person or in any circumstance not authorized under this 8 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the 9 Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 10 unauthorized copies of the Protected Material, (c) inform the person or persons to whom 11 unauthorized disclosures were made of all the terms of this Order, and (d) request such 12 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is 13 attached hereto as Exhibit A. 14 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 15 PROTECTED MATERIAL 16 When a Producing Party gives notice to Receiving Parties that certain inadvertently 17 produced material is subject to a claim of privilege or other protection, the obligations of 18 the Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). 19 This provision is not intended to modify whatever procedure may be established in an e20 discovery order that provides for production without prior privilege review. Pursuant to 21 Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the 22 effect of disclosure of a communication or information covered by the attorney-client 23 privilege or work product protection, the parties may incorporate their agreement in the 24 stipulated protective order submitted to the court. 25 26 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 27 person to seek its modification by the Court in the future. LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 13 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 12.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order, no Party waives any right it otherwise would have to object to disclosing 3 or producing any information or item on any ground not addressed in this Stipulated 4 Protective Order. Similarly, no Party waives any right to object on any ground to use in 5 evidence of any of the material covered by this Protective Order. 6 12.3 Filing Protected Material. A Party that seeks to file under seal any Protected 7 Material must comply with Local Civil Rule 79-5. Protected Material may only be filed 8 under seal pursuant to a court order authorizing the sealing of the specific Protected 9 Material at issue. If a Party’s request to file Protected Material under seal is denied by the 10 court, then the Receiving Party may file the information in the public record unless 11 otherwise instructed by the court. 12 13 13. FINAL DISPOSITION After the final disposition of this Action, as defined in paragraph 4, within 60 days 14 of a written request by the Designating Party, each Receiving Party must return all 15 Protected Material to the Producing Party or destroy such material. As used in this 16 subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17 summaries, and any other format reproducing or capturing any of the Protected Material. 18 Whether the Protected Material is returned or destroyed, the Receiving Party must submit a 19 written certification to the Producing Party (and, if not the same person or entity, to the 20 Designating Party) by the 60 day deadline that (1) identifies (by category, where 21 appropriate) all the Protected Material that was returned or destroyed and (2) affirms that 22 the Receiving Party has not retained any copies, abstracts, compilations, summaries or any 23 other format reproducing or capturing any of the Protected Material. Notwithstanding this 24 provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, 25 trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and 26 trial exhibits, expert reports, attorney work product, and consultant and expert work 27 product, even if such materials contain Protected Material. Any such archival copies that LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 14 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 contain or constitute Protected Material remain subject to this Protective Order as set forth 2 in Section 4 (DURATION). 3 4 14. VIOLATION Any violation of this Order may be punished by appropriate measures including, 5 without limitation, contempt proceedings and/or monetary sanctions. 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 7 DATED: August 9, 2017 8 9 /s/ Craig P. Fagan 10 Attorneys for Plaintiff DATED: August 9, 2017 11 12 /s/ Daniel G. Bath Attorneys for Defendant 13 14 15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 DATED: August 10, 2017 17 18 ________________________________ 19 Rozella A. Oliver United States Magistrate Judge 20 21 22 23 24 25 26 27 LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 15 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO 1 EXHIBIT “A” 2 ACKNOWLEDGEMENT & AGREEMENT TO BE BOUND 3 4 5 6 7 8 9 10 11 12 I,_____________________________ [print or type full name], of ____________________________________________________ [print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Central District of California on [date] in the case of _______________________________________________________ [insert formal name of the case and the number and initials assigned to it by the court]. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Central District of California for enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of ______________________________________________ [print or type full address 17 and telephone number] as my California agent for service of process in connection 18 with this action or any proceedings related to enforcement of this Stipulated Protective Order. 19 Date: ______________________________________ 20 21 City and State where sworn and signed: _________________________________ 22 Printed name: _______________________________ 23 Signature: __________________________________ 24 25 26 27 LEWI S BRISBOI S BISGAAR 28 4843-0131-6940.1 16 [PROPOSED] STIPULATED PROTECTIVE ORDER 8:16-cv-01785-DOC-RAO

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