Dongyuan Li et al v. City of Santa Ana et al
Filing
47
FIRST AMENDED PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order 46 . (see document for details) (hr)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
Dongyuan Li et al.,
12
Plaintiffs,
13
v.
14
15
City of Santa Ana et al.,
Defendants.
16
) Case No. 8:20-cv-00068-SB (JDE)
)
) FIRST AMENDED STIPULATED
) PROTECTIVE ORDER
)
)
)
)
)
17
Based on the parties’ Stipulation, the Court finds and orders as follows.
18
1.
19
Discovery in this action is likely to involve production of confidential,
20
21
22
23
24
25
26
27
28
PURPOSES AND LIMITATIONS
proprietary or private information for which special protection from public
disclosure and from use for any purpose other than pursuing 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.
1
2.
GOOD CAUSE STATEMENT
2
This action is likely to involve sensitive police and jail records, including
3
medical records, for which special protection from public disclosure and from
4
use for any purpose other than prosecution of this action is warranted. Such
5
confidential and proprietary materials and information consist of, among other
6
things, investigative and incident reports, surveillance video depicting sensitive
7
jail and police building locations, camera placement, paths of ingress and
8
9
10
11
12
13
14
15
16
17
egress, specific individuals, as well as medical records containing confidential
medical information (or other information) of inmates, and confidential
personnel files protected by law, as well as other information generally
unavailable to the public. In addition, privacy rights of third parties are
implicated by the above. Accordingly, to expedite the flow of information, to
facilitate the prompt resolution of disputes over confidentiality of discovery
materials, to adequately protect information the parties are entitled to keep
confidential, to ensure that the parties are permitted reasonable necessary uses
of such material in preparation for and in the conduct of trial, to address their
18
handling at the end of the litigation, and to serve the ends of justice, a
19
protective order for such information is justified in this matter. It is the intent
20
of the parties that information will not be designated as confidential for tactical
21
reasons and that nothing be so designated without a good faith belief that it has
22
been maintained in a confidential, non-public manner, and there is good cause
23
why it should not be part of the public record of this case.
24
25
26
3.
ACKNOWLEDGMENT OF UNDER SEAL FILING
PROCEDURE
The parties further acknowledge, as set forth in Section 14.3, below, that
27
this Stipulated Protective Order does not entitle them to file confidential
28
information under seal; Local Civil Rule 79-5 sets forth the procedures that
2
1
must be followed and the standards that will be applied when a party seeks
2
permission from the court to file material under seal. There is a strong
3
presumption that the public has a right of access to judicial proceedings and
4
records in civil cases. In connection with non-dispositive motions, good cause
5
must be shown to support a filing under seal. See Kamakana v. City and
6
County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen.
7
Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
8
9
10
11
12
13
14
15
16
17
18
Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
protective orders require good cause showing), and a specific showing of good
cause or compelling reasons with proper evidentiary support and legal
justification, must be made with respect to Protected Material that a party
seeks to file under seal. The parties’ mere designation of Disclosure or
Discovery Material as CONFIDENTIAL does not— without the submission
of competent evidence by declaration, establishing that the material sought to
be filed under seal qualifies as confidential, privileged, or otherwise
protectable—constitute good cause.
Further, if a party requests sealing related to a dispositive motion or trial,
19
then compelling reasons, not only good cause, for the sealing must be shown,
20
and the relief sought shall be narrowly tailored to serve the specific interest to
21
be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th
22
Cir. 2010). For each item or type of information, document, or thing sought to
23
be filed or introduced under seal, the party seeking protection must articulate
24
compelling reasons, supported by specific facts and legal justification, for the
25
requested sealing order. Again, competent evidence supporting the application
26
to file documents under seal must be provided by declaration.
27
28
Any document that is not confidential, privileged, or otherwise
protectable in its entirety will not be filed under seal if the confidential portions
3
1
can be redacted. If documents can be redacted, then a redacted version for
2
public viewing, omitting only the confidential, privileged, or otherwise
3
protectable portions of the document, shall be filed. Any application that seeks
4
to file documents under seal in their entirety should include an explanation of
5
why redaction is not feasible.
6
4.
DEFINITIONS
7
4.1
Action: this pending federal lawsuit.
4.2
Challenging Party: a Party or Non-Party that challenges the
8
9
10
11
12
13
14
15
16
17
designation of information or items under this Order.
4.3
“CONFIDENTIAL” Information or Items: information
(regardless of how it is generated, stored or maintained) or tangible things that
qualify for protection under Federal Rule of Civil Procedure 26(c), and as
specified above in the Good Cause Statement.
4.4
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
Information or Items: extremely sensitive “CONFIDENTIAL” Information
or Items, the disclosure of which to another Party or Non-Party would create a
18
substantial risk of serious harm that could not be avoided by less restrictive
19
means.
20
21
22
4.5
Counsel: Outside Counsel of Record and House Counsel (as well
as their support staff).
4.6
Designating Party: a Party or Non-Party that designates
23
information or items that it produces in disclosures or in responses to discovery
24
as “CONFIDENTIAL.”
25
4.7
Disclosure or Discovery Material: all items or information,
26
regardless of the medium or manner in which it is generated, stored, or
27
maintained (including, among other things, testimony, transcripts, and tangible
28
things), that are produced or generated in disclosures or responses to discovery.
4
1
4.8
Expert: a person with specialized knowledge or experience in a
2
matter pertinent to the litigation who has been retained by a Party or its
3
counsel to serve as an expert witness or as a consultant in this Action.
4
4.9
House Counsel: attorneys who are employees of a party to this
5
Action. House Counsel does not include Outside Counsel of Record or any
6
other outside counsel.
7
8
9
10
11
12
13
14
15
16
17
18
19
4.10 Non-Party: any natural person, partnership, corporation,
association or other legal entity not named as a Party to this action.
4.11 Outside Counsel of Record: attorneys who are not employees of a
party to this Action but are retained to represent a party to this Action and
have 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.
4.12 Party: any party to this Action, including all of its officers,
directors, employees, consultants, retained experts and investigators, and
Outside Counsel of Record (and their support staffs).
4.13 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
4.14 Professional Vendors: persons or entities that provide litigation
20
support services (e.g., photocopying, videotaping, translating, preparing
21
exhibits or demonstrations, and organizing, storing, or retrieving data in any
22
form or medium) and their employees and subcontractors.
23
4.15 Protected Material: any Disclosure or Discovery Material that is
24
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
25
ATTORNEYS’ EYES ONLY.”
26
27
4.16
Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
28
5
1
4.17 Investigator: a person who has been retained or commissioned by
2
a Party or its counsel to assist with gathering facts and evidence in this Action.
3
5.
4
The protections conferred by this Stipulation and Order cover not only
5
Protected Material (as defined above), but also (1) any information copied or
6
extracted from Protected Material; (2) all copies, excerpts, summaries, or
7
compilations of Protected Material; and (3) any testimony, conversations, or
8
9
10
11
12
13
14
15
16
17
SCOPE
presentations by Parties or their Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of
the trial judge and other applicable authorities. This Order does not govern the
use of Protected Material at trial.
6.
DURATION
Once a case proceeds to trial, information that was designated as
CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY or maintained pursuant to this protective order used or introduced as
an exhibit at trial becomes public and will be presumptively available to all
18
members of the public, including the press, unless compelling reasons
19
supported by specific factual findings to proceed otherwise are made to the trial
20
judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
21
(distinguishing “good cause” showing for sealing documents produced in
22
discovery from “compelling reasons” standard when merits-related documents
23
are part of court record). Accordingly, the terms of this protective order do not
24
extend beyond the commencement of the trial.
25
7.
DESIGNATING PROTECTED MATERIAL
26
7.1
Exercise of Restraint and Care in Designating Material for
27
28
Protection. Each Party or Non-Party that designates information
or items for protection under this Order must take care to limit any such
6
1
designation to specific material that qualifies under the appropriate standards.
2
The Designating Party must designate for protection only those parts of
3
material, documents, items or oral or written communications that qualify so
4
that other portions of the material, documents, items or communications for
5
which protection is not warranted are not swept unjustifiably within the ambit
6
of this Order.
7
8
9
10
11
12
13
14
15
16
17
Mass, indiscriminate or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that have been made
for an improper purpose (e.g., to unnecessarily encumber the case development
process or to impose unnecessary expenses and burdens on other parties) may
expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items
that it designated for protection do not qualify for protection, that Designating
Party must promptly notify all other Parties that it is withdrawing the
inapplicable designation.
7.2
Manner and Timing of Designations. Except as otherwise
18
provided in this Order, or as otherwise stipulated or ordered, Disclosure of
19
Discovery Material that qualifies for protection under this Order must be
20
clearly so designated before the material is disclosed or produced.
21
22
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic
23
documents, but excluding transcripts of depositions or other pretrial or trial
24
proceedings), that the Producing Party affix at a minimum, the legend
25
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
26
EYES ONLY” (hereinafter, collectively “CONFIDENTIAL legend”), to each
27
page that contains protected material. If only a portion of the material on a
28
page qualifies for protection, the Producing Party also must clearly identify the
7
1
2
protected portion(s) (e.g., by making appropriate markings in the margins).
A Party or Non-Party that makes original documents available for
3
inspection need not designate them for protection until after the inspecting
4
Party has indicated which documents it would like copied and produced.
5
During the inspection and before the designation, all of the material made
6
available for inspection shall be deemed “CONFIDENTIAL.” After the
7
inspecting Party has identified the documents it wants copied and produced,
8
9
10
11
12
13
14
15
16
17
the Producing Party must determine which documents, or portions thereof,
qualify for protection under this Order. Then, before producing the specified
documents, the Producing Party must affix the CONFIDENTIAL legend to
each page that contains Protected Material. If only a portion of the material on
a page qualifies for protection, the Producing Party also must clearly identify
the protected portion(s) (e.g., by making appropriate markings in the margins).
(b) for testimony given in depositions that the Designating Party
identifies the Disclosure or Discovery Material on the record, before the close
of the deposition all protected testimony.
18
(c) for information produced in some form other than
19
documentary and for any other tangible items, that the Producing Party affix
20
in a prominent place on the exterior of the container or containers in which the
21
information is stored the CONFIDENTIAL legend. If only a portion or
22
portions of the information warrants protection, the Producing Party, to the
23
extent practicable, shall identify the protected portion(s).
24
7.3
Inadvertent Failures to Designate. If timely corrected, an
25
inadvertent failure to designate qualified information or items does not,
26
standing alone, waive the Designating Party’s right to secure protection under
27
this Order for such material. Upon timely correction of a designation, the
28
8
1
Receiving Party must make reasonable efforts to assure that the material is
2
treated in accordance with the provisions of this Order.
3
8.
4
8.1. Timing of Challenges. Any Party or Non-Party may challenge a
CHALLENGING CONFIDENTIALITY DESIGNATIONS
5
designation of confidentiality at any time that is consistent with the Court’s
6
Scheduling Order.
7
8
9
10
11
12
13
14
15
16
17
8.2
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37-1 et seq.
8.3
Joint Stipulation. Any challenge submitted to the Court shall be
via a joint stipulation pursuant to Local Rule 37-2.
8.4
The burden of persuasion in any such challenge proceeding shall
be on the Designating Party. Frivolous challenges, and those made for an
improper purpose (e.g., to harass or impose unnecessary expenses and burdens
on other parties) may expose the Challenging Party to sanctions. Unless the
Designating Party has waived or withdrawn the confidentiality designation, all
parties shall continue to afford the material in question the level of protection
18
to which it is entitled under the Producing Party’s designation until the Court
19
rules on the challenge.
20
9.
ACCESS TO AND USE OF PROTECTED MATERIAL
21
9.1
Basic Principles. A Receiving Party may use Protected Material
22
23
24
25
26
27
28
that is disclosed or produced by another Party or by a Non-Party in connection
with this Action only for prosecuting, defending or attempting to settle this
Action. Such Protected Material may be disclosed only to the categories of
persons and under the conditions described in this Order. When the Action has
been terminated, a Receiving Party must comply with the provisions of section
15 below (FINAL DISPOSITION).
9
1
Protected Material must be stored and maintained by a Receiving Party
2
at a location and in a secure manner that ensures that access is limited to the
3
persons authorized under this Order.
4
9.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
5
otherwise ordered by the court or permitted in writing by the Designating
6
Party, a Receiving Party may disclose any information or item designated
7
“CONFIDENTIAL” only to:
8
9
10
11
12
13
14
15
16
17
18
(a) the Receiving Party’s Outside Counsel of Record in this
Action, as well as employees of said Outside Counsel of Record to whom it is
reasonably necessary to disclose the information for this Action;
(b) the officers, directors, and employees (including House
Counsel) of the Receiving Party to whom disclosure is reasonably necessary
for this Action;
(c) Experts and Investigators (as defined in this Order) of the
Receiving Party to whom disclosure is reasonably necessary for this Action
and who have signed the “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
23
Action and who have signed the “Acknowledgment and Agreement to Be
24
Bound” (Exhibit A);
25
(g) the author or recipient of a document containing the
26
information or a custodian or other person who otherwise possessed or knew
27
the information;
28
(h) during their depositions, witnesses, and attorneys for witnesses,
10
1
in the Action to whom disclosure is reasonably necessary provided: (1) the
2
deposing party requests that the witness sign the form attached as Exhibit A
3
hereto; and (2) they will not be permitted to keep any confidential information
4
unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
5
A), unless otherwise agreed by the Designating Party or ordered by the court.
6
Pages of transcribed deposition testimony or exhibits to depositions that reveal
7
Protected Material may be separately bound by the court reporter and may not
8
9
10
11
12
13
14
15
16
17
be disclosed to anyone except as permitted under this Stipulated Protective
Order; and
(i) any mediators or settlement officers and their supporting
personnel, mutually agreed upon by any of the parties engaged in settlement
discussions.
9.3
DISCLOSURE OF “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” INFORMATION OR ITEMS
Unless otherwise ordered by the court or permitted in writing by the
Designating Party, a Receiving Party may disclose any information or item
18
designated “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY”
19
only to:
20
(a)
the Receiving Party’s Outside Counsel of Record in this Action, as
21
well as employees of said Outside Counsel of Record to whom it is reasonably
22
necessary to disclose the information for this Action;
23
(b)
Experts (as defined in this Order) of the Receiving Party to whom
24
disclosure is reasonably necessary and who have signed the
25
“Acknowledgement and Agreement to Be Bound” (Exhibit A);
26
(c)
27
///
the court and its personnel;
28
11
(d)
1
private court reporters and their staff to whom disclosure is
2
reasonably necessary for this Action and who have signed the “Acknowledge
3
and Agreement to Be Bound” (Exhibit A);
4
(e)
professional jury or trial consultants, mock jurors, and
5
Professional Vendors to whom disclosure is reasonably necessary to disclose
6
the information for this Action and who have signed the “Acknowledgement
7
and Agreement to Be Bound” (Exhibit A);
8
9
10
11
12
13
14
15
16
17
(f)
the author or receipt of a document containing the information or
a custodian or other person who otherwise possessed or knew the information;
and
(g)
any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
10.
PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any information or items designated in this
18
Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
19
ATTORNEY’S EYES ONLY,” that Party must:
20
21
(a) promptly notify in writing the Designating Party. Such
notification shall include a copy of the subpoena or court order;
22
(b) promptly notify in writing the party who caused the subpoena
23
or order to issue in the other litigation that some or all of the material covered
24
by the subpoena or order is subject to this Protective Order. Such notification
25
shall include a copy of this Stipulated Protective Order; and
26
(c) cooperate with respect to all reasonable procedures sought to be
27
pursued by the Designating Party whose Protected Material may be affected. If
28
the Designating Party timely seeks a protective order, the Party served with the
12
1
subpoena or court order shall not produce any information designated in this
2
action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
3
ATTORNEYS’ EYES ONLY” before a determination by the court from
4
which the subpoena or order issued, unless the Party has obtained the
5
Designating Party’s permission. The Designating Party shall bear the burden
6
and expense of seeking protection in that court of its confidential material and
7
nothing in these provisions should be construed as authorizing or encouraging
8
9
10
11
12
13
a Receiving Party in this Action to disobey a lawful directive from another
court.
11.
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
BE PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced
14
by a Non-Party in this Action and designated as “CONFIDENTIAL” or
15
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such
16
information produced by Non-Parties in connection with this litigation is
17
protected by the remedies and relief provided by this Order. Nothing in these
18
provisions should be construed as prohibiting a Non-Party from seeking
19
additional protections.
20
21
22
23
24
25
26
27
28
(b) In the event that a Party is required, by a valid discovery
request, to produce a Non-Party’s confidential information in its possession,
and the Party is subject to an agreement with the Non-Party not to produce the
Non-Party’s confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the NonParty that some or all of the information requested is subject to a
confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated
13
1
Protective Order in this Action, the relevant discovery request(s), and a
2
reasonably specific description of the information requested; and
3
4
5
(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
6
within 14 days of receiving the notice and accompanying information, the
7
Receiving Party may produce the Non-Party’s confidential information
8
9
10
11
12
13
14
15
16
17
responsive to the discovery request. If the Non-Party timely seeks a protective
order, the Receiving Party shall not produce any information in its possession
or control that is subject to the confidentiality agreement with the Non-Party
before a determination by the court. Absent a court order to the contrary, the
Non-Party shall bear the burden and expense of seeking protection in this court
of its Protected Material.
(d) In the event a Party subpoenas a Non-Party to produce
information or documents in this Action, and another Party claims that the
information or documents subpoenaed or produced by the Non-Party is
18
confidential, that other Party (the Designating Party) may designate such
19
information or documents as CONFIDENTIAL Information. The
20
Designating Party may so designate by informing all other Parties of the
21
particular documents, or reasonably-defined categories of documents,
22
subpoenaed or produced that it considers to contain CONFIDENTIAL
23
Information. That designation must occur when the Designating Party first
24
becomes aware that its confidential information is being subpoenaed or
25
produced, but in no event later than five (5) business days after the Designating
26
Party receives a copy of any information or documents produced pursuant to
27
the subpoena.
28
14
12.
2
UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
3
If a Receiving Party learns that, by inadvertence or otherwise, it has
1
4
disclosed Protected Material to any person or in any circumstance not
5
authorized under this Stipulated Protective Order, the Receiving Party must
6
immediately (a) notify in writing the Designating Party of the unauthorized
7
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
8
9
10
11
12
Protected Material, (c) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this Order, and (d) request such
person or persons to execute the “Acknowledgment an Agreement to Be
Bound” attached hereto as Exhibit A.
13.
13
14
15
16
17
INADVERTENT PRODUCTION OF PRIVILEGED OR
OTHERWISE PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain
inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in
18
Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
19
modify whatever procedure may be established in an e-discovery order that
20
provides for production without prior privilege review. Pursuant to Federal
21
Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
22
the effect of disclosure of a communication or information covered by the
23
attorney-client privilege or work product protection, the parties may
24
incorporate their agreement in the stipulated protective order submitted to the
25
court.
26
14.
27
14.1 Right to Further Relief. Nothing in this Order abridges the right of
28
MISCELLANEOUS
any person to seek its modification by the Court in the future.
15
1
14.2 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
3
to disclosing or producing any information or item on any ground not
4
addressed in this Stipulated Protective Order. Similarly, no Party waives any
5
right to object on any ground to use in evidence of any of the material covered
6
by this Protective Order.
7
8
9
10
11
12
13
14
15
16
17
14.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Local Civil Rule 79-5. Protected
Material may only be filed under seal pursuant to a court order authorizing the
sealing of the specific Protected Material. 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.
15.
FINAL DISPOSITION
After the final disposition of this Action, as defined in paragraph 6,
within 60 days of a written request by the Designating Party, each Receiving
Party must return all Protected Material to the Producing Party or destroy such
18
material. As used in this subdivision, “all Protected Material” includes all
19
copies, abstracts, compilations, summaries, and any other format reproducing
20
or capturing any of the Protected Material. Whether the Protected Material is
21
returned or destroyed, the Receiving Party must submit a written certification
22
to the Producing Party (and, if not the same person or entity, to the
23
Designating Party) by the 60-day deadline that (1) identifies (by category,
24
where appropriate) all the Protected Material that was returned or destroyed
25
and (2) affirms that the Receiving Party has not retained any copies, abstracts,
26
compilations, summaries or any other format reproducing or capturing any of
27
the Protected Material. Notwithstanding this provision, Counsel are entitled to
28
retain an archival copy of all pleadings, motion papers, trial, deposition, and
16
1
hearing transcripts, legal memoranda, correspondence, deposition and trial
2
exhibits, expert reports, attorney work product, and consultant and expert
3
work product, even if such materials contain Protected Material. Any such
4
archival copies that contain or constitute Protected Material remain subject to
5
this Protective Order as set forth in Section 6 (DURATION).
6
16.
7
Any violation of this Order may be punished by appropriate measures
8
9
10
11
12
VIOLATION
including, without limitation, contempt proceedings and/or monetary
sanctions.
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
13
14
DATED: October 13, 2020
15
16
17
18
_________________________________
JOHN D. EARLY
United States Magistrate Judge
19
20
21
22
23
24
25
26
27
28
17
1
2
3
EXHIBIT A
ACKNOLWEDGEMENT AND AGREEMENT TO BE BOUND
I hereby acknowledge that I, ______________________________ [name],
4
_____________________________________ [position and employer], am about to
5
receive documents or items designated as “CONFIDENTIAL” (“Protected
6
Documents”) supplied in connection with Dongyuan Li et al. v. City of Santa Ana
7
et al., Case No. 8:20-cv-00068-JLS-JDE. I certify that I understand that the
8
Protected Documents are provided to me subject to the terms and restrictions of the
9
First Amended Protective Order (“Protective Order”) in the case. I have been given
10
a copy of the Protective Order; I have read it; and I agree to be bound by its terms.
11
I understand that Protected Documents, including any notes or other records
12
that may be made regarding such materials, shall not be disclosed to anyone except
13
as expressly permitted by the Protective Order. I will not copy or use, except solely
14
for the purposes of this Action, any Protected Documents obtained pursuant to this
15
Protective Order, except as provided therein or otherwise ordered by the Court in
16
the Action.
17
I further understand that I am to retain all copies of all Protected Documents
18
provided to me in the case in a secure manner, and that all copies of such materials
19
are to remain in my personal custody until termination of my participation in this
20
case, whereupon the copies of such materials will be returned to counsel who
21
provided me with such materials.
22
I declare under penalty of perjury under the laws of the State of California
23
that the foregoing is true and correct. Executed this ___day of _______________,
24
20___, at ____________________________________________ [place].
25
Signature: __________________________________________
26
Title: ______________________________________________
27
Address: ___________________________________________
28
Telephone Number: ___________________________________
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?