Shantel Dang et al v. City of Westminster et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Autumn D. Spaeth re Stipulation for Protective Order 17 . (see document for details) (hr)
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ARNOLDO CASILLAS, ESQ., SBN 158519
DENISSE O. GASTÉLUM, ESQ., SBN 282771
CASILLAS & ASSOCIATES
3777 Long Beach Blvd., Third Floor
Long Beach, CA 90807
Tel: (562) 203-3030
Fax: (323) 297-2833
Email: acasillas@casillaslegal.com
dgastelum@casillaslegal.com
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Attorneys for Plaintiffs, ESTATE OF THO XUAN NGO, by and through successors
in interest, Linh Dang, Shantel Dang, Kayla Dang, and Taylor Dang; LING DANG,
individually; SHANTEL DANG, individually; KAYLA DANG, individually; and
TAYLOR DANG, individually
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
ESTATE OF THO XUAN NGO, by and )
through successors in interest, Linh
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Dang, Shantel Dang, Kayla Dang, and )
Taylor Dang; LINH DANG,
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individually; SHANTEL DANG,
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individually; KAYLA DANG,
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individually; and TAYLOR DANG,
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individually,
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Plaintiffs,
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vs.
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CITY OF WESTMINSTER;
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WESTMINSTER POLICE
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DEPARTMENT; and DOES 1 to 10,
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Defendants.
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________________________________ )
CASE NO. 8:21-cv-00707 JVS ADSx
[Assigned to the Hon. James V. Selna,
Crtrm. 10C ]
STIPULATED PROTECTIVE
ORDER
Complaint: April 16, 2021
Trial: None Set
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STIPULATED PROTECTIVE ORDER
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1.
A. PURPOSES AND LIMITATIONS
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Discovery in this action is likely to involve production of confidential,
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proprietary, or private information for which special protection from public disclosure
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and from use for any purpose other than prosecuting this litigation may be warranted.
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Accordingly, the parties hereby stipulate to and petition the Court to enter the following
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Stipulated Protective Order. The parties acknowledge that this Order does not confer
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blanket protections on all disclosures or responses to discovery and that the protection
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it affords from public disclosure and use extends only to the limited information or
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items that are entitled to confidential treatment under the applicable legal principles.
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The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated
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Protective Order does not entitle them to file confidential information under seal; Civil
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Local Rule 79-5 sets forth the procedures that must be followed and the standards that
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will be applied when a party seeks permission from the court to file material under seal
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B. GOOD CAUSE STATEMENT
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Good cause exists for entry of this order.
As Plaintiffs are seeking and
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Defendants may produce, among other things, third party private and confidential
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information; portions of the personnel files of the deputy personnel involved in the
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subject incident, which contains confidential information, and information the City of
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Westminster
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schedules/logs and rosters, and training records for the involved deputy personnel;
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administrative investigation files, including but not limited to Detective and Crime
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Scene Investigator(s) materials, Internal Affairs materials which contain incident
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reports, witness statements, and other sensitive materials which the City of
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Westminster believes need special protection from public disclosure.
regards as official information; performance evaluations, work
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The documents identified in this Protective Order, which Defendants believe in
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good faith constitute or embody confidential information which the City of
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Westminister
maintains as strictly confidential and are otherwise generally
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STIPULATED PROTECTIVE ORDER
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unavailable to the public, or which may be privileged or otherwise protected from
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disclosure under state or federal statutes, court rules, case decisions, or common law,
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are therefore entitled to heightened protection from disclosure.
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expedite the flow of information, to facilitate the prompt resolution of disputes over
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confidentiality of discovery materials, to adequately protect information the parties are
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entitled to keep confidential, to ensure that the parties are permitted reasonable
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necessary uses of such material in preparation for and in the conduct of trial, to address
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their handling at the end of the litigation, and serve the ends of justice, a protective
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order for such information is justified in this matter. It is the intent of the parties that
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information will not be designated as confidential for tactical reasons and that nothing
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be so designated without a good faith belief that it has been maintained in a
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confidential, non-public manner, and there is good cause why it should not be part of
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the public record of this case.
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2.
Accordingly, to
DEFINITIONS
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2.1
Action: This pending federal law suit.
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2.2
Challenging Party: a Party or Non-Party that challenges the designation
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of information or items under this Order.
2.3
“CONFIDENTIAL” Information or Items: information (regardless of how
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it is generated, stored or maintained) or tangible things that qualify for protection under
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Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
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Statement.
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2.4
Counsel: Outside Counsel of Record and House Counsel (as well as their
support staff).
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Designating Party: a Party or Non-Party that designates information or
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items that it produces in disclosures or in responses to discovery as
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“CONFIDENTIAL.”
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STIPULATED PROTECTIVE ORDER
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2.6
Disclosure or Discovery Material: all items or information, regardless of
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the medium or manner in which it is generated, stored, or maintained (including, among
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other things, testimony, transcripts, and tangible things), that are produced or generated
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in disclosures or responses to discovery in this matter.
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2.7
Expert: a person with specialized knowledge or experience in a matter
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pertinent to the litigation who has been retained by a Party or its counsel to serve as an
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expert witness or as a consultant in this Action.
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2.8
House Counsel: attorneys who are employees of a party to this Action.
House Counsel does not include Outside Counsel of Record or any other outside
counsel.
2.9
Non-Party: any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this action.
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2.10 Outside Counsel of Record: attorneys who are not employees of a party to
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this Action but are retained to represent or advise a party to this Action and have
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appeared in this Action on behalf of that party or are affiliated with a law firm which
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has appeared on behalf of that party, and includes support staff.
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2.11 Party: any party to this Action, including all of its officers, directors,
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board, departments, divisions, employees, consultants, retained experts, and Outside
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Counsel of Record (and their support staffs).
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2.12 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
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2.13 Professional Vendors: persons or entities that provide litigation support
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services (e.g., photocopying, videotaping, translating, preparing exhibits or
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demonstrations, and organizing, storing, or retrieving data in any form or medium) and
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their employees and subcontractors.
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2.14 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”
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STIPULATED PROTECTIVE ORDER
2.15 Receiving Party: A Party that receives Disclosure or Discovery Material
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from a Producing Party.
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3.
SCOPE
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The protections conferred by this Stipulation and Order cover not only Protected
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Material (as defined above), but also (1) any information copied or extracted from
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Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
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Material; and (3) any testimony, conversations, or presentations by Parties or their
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Counsel that might reveal Protected Material.
Any use of Protected Material at trial shall be governed by the orders of the trial
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judge. This Order does not govern the use of Protected Material at trial.
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4.
DURATION
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Even after final disposition of this litigation, the confidentiality obligations
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imposed by this Order shall remain in effect until a Designating Party agrees otherwise
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in writing or a court order otherwise directs. Final disposition shall be deemed to be
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the later of (1) dismissal of all claims and defenses in this Action, with or without
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prejudice; and (2) final judgment herein after the completion and exhaustion of all
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appeals, rehearings, remands, trials, or reviews of this Action, including the time limits
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for filing any motions or applications for extension of time pursuant to applicable law.
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5.
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DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
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Each Party or Non-Party that designates information or items for protection under this
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Order must take care to limit any such designation to specific material that qualifies
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under the appropriate standards. The Designating Party must designate for protection
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only those parts of material, documents, items, or oral or written communications that
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qualify so that other portions of the material, documents, items, or communications for
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which protection is not warranted are not swept unjustifiably within the ambit of this
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Order.
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STIPULATED PROTECTIVE ORDER
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Mass, indiscriminate, or routinized designations are prohibited. Designations
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that are shown to be clearly unjustified or that have been made for an improper purpose
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(e.g., to unnecessarily encumber the case development process or to impose
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unnecessary expenses and burdens on other parties) may expose the Designating Party
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to sanctions.
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5.2
Manner and Timing of Designations. Except as otherwise provided in
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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
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under this Order must be clearly so designated before the material is disclosed or
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produced.
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Designation in conformity with this Order requires:
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(a)
for information in documentary form (e.g., paper or electronic documents,
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but excluding transcripts of depositions or other pretrial or trial proceedings), that the
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Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
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“CONFIDENTIAL legend”), to each page that contains protected material. The legend
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must not obstruct a Party’s ability to view the contents of that document. If only a
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portion or portions of the material on a page qualifies for protection, the Producing
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Party also must clearly identify the protected portion(s) (e.g., by making appropriate
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markings in the margins).
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A Party or Non-Party that makes original documents available for inspection
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need not designate them for protection until after the inspecting Party has indicated
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which documents it would like copied and produced. During the inspection and before
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the designation, all of the material made available for inspection shall be deemed
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“CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
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copied and produced, the Producing Party must determine which documents, or
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portions thereof, qualify for protection under this Order. Then, before producing the
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specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
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STIPULATED PROTECTIVE ORDER
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to each page that contains Protected Material. If only a portion or portions of the
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material on a page qualifies for protection, the Producing Party also must clearly
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identify the protected portion(s) (e.g., by making appropriate markings in the margins).
(b)
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for testimony given in depositions that the Designating Party identify the
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Disclosure or Discovery Material on the record, before the close of the deposition all
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protected testimony.
(c)
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for information produced in some form other than documentary and for
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any other tangible items, that, at a minimum, the Producing Party affix in a prominent
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place on the exterior of the container or containers in which the information is stored
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the legend “CONFIDENTIAL.” If only a portion or portions of the information
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warrants protection, the Producing Party, to the extent practicable, shall identify the
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protected portion(s).
5.3
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Inadvertent Failures to Designate. If timely corrected, an inadvertent
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failure to designate qualified information or items does not, standing alone, waive the
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Designating Party’s right to secure protection under this Order for such material. Upon
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timely correction of a designation, the Receiving Party must make reasonable efforts
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to assure that the material is treated in accordance with the provisions of this Order.
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6.
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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
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designation of confidentiality at any time that is consistent with the Court’s Scheduling
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Order.
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6.2
Meet and Confer. The Challenging Party shall initiate the dispute
resolution process under Local Rule 37.1 et seq.
6.3
Burden. The burden of persuasion in any such challenge proceeding shall
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be on the Designating Party. Frivolous challenges, and those made for an improper
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purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties)
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may expose the Challenging Party to sanctions. Unless the Designating Party has
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STIPULATED PROTECTIVE ORDER
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waived or withdrawn the confidentiality designation, all parties shall continue to afford
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the material in question the level of protection to which it is entitled under the
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Producing Party’s designation until the Court rules on the challenge.
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7.
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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
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disclosed or produced by another Party or by a Non-Party in connection with this
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Action only for prosecuting, defending, or attempting to settle this Action. Such
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Protected Material may be disclosed only to the categories of persons and under the
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conditions described in this Order. When the Action has been terminated, a Receiving
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Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
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Protected Material must be stored and maintained by a Receiving Party at a
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location and in a secure manner that ensures that access is limited to the persons
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authorized under this Order.
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7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
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otherwise ordered by the court or permitted in writing by the Designating Party, a
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Receiving Party may disclose any information or item designated “CONFIDENTIAL”
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only to:
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(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
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employees of said Outside Counsel of Record to whom it is reasonably necessary to
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disclose the information for this Action;
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(b) the officers, directors, and employees (including House Counsel) of the
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Receiving Party to whom disclosure is reasonably necessary for this Action;
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(c) Experts (as defined in this Order) of the Receiving Party to whom
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disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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(d) the court and its personnel;
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(e) court reporters and their staff;
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STIPULATED PROTECTIVE ORDER
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(f) professional jury or trial consultants, mock jurors, and Professional Vendors
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to whom disclosure is reasonably necessary for this Action and who have signed the
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“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(g) the author or recipient of a document containing the information or a
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custodian or other person who otherwise possessed or knew the information;
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(h) during their depositions, witnesses, and attorneys for witnesses, in the Action
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to whom disclosure is reasonably necessary provided: (1) the deposing party requests
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that the witness sign the “Acknowledgment and Agreement to Be Bound” form
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attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential
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information unless they sign the “Acknowledgment and Agreement to Be Bound”
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(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court.
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Pages of transcribed deposition testimony or exhibits to depositions that reveal
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Protected Material may be separately bound by the court reporter and may not be
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disclosed to anyone except as permitted under this Stipulated Protective Order; and
(i) any mediator or settlement officer, and their supporting personnel, mutually
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agreed upon by any of the parties engaged in settlement discussions.
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8.
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OTHER LITIGATION
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
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If a Party is served with a subpoena or a court order issued in other litigation that
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compels disclosure of any information or items designated in this Action as
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“CONFIDENTIAL,” that Party must:
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(a)
promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b)
promptly notify in writing the party who caused the subpoena or order to
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issues in the other litigation that some or all of the material covered by the subpoena or
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order is subject to this Protective Order. Such notification shall include a copy of this
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Stipulated Protective Order; and
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STIPULATED PROTECTIVE ORDER
(c)
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cooperate with respect to all reasonable procedures south to be pursued by
the Designating Party whose Protected Material may be affected.
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If the Designating Party timely seeks a protective order, the Party served with
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the subpoena or court order shall not produce any information designated in this action
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as “CONFIDENTIAL” before a determination by the court from which the subpoena
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or order issued, unless the Party has obtained the Designating Party’s permission. The
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Designating Party shall bear the burden and expense of seeking protection in that court
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of its confidential material and nothing in these provisions should be construed as
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authorizing or encouraging a Receiving Party in this Action to disobey a lawful
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directive from another court.
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9.
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IN THIS LITIGATION
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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
(a)
The terms of this Order are applicable to information produced by a Non-
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Party in this Action and designated as “CONFIDENTIAL.” Such information produced
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by Non-Parties in connection with this litigation is protected by the remedies and relief
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provided by this Order. Nothing in these provisions should be construed as prohibiting
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a Non-Party from seeking additional protections.
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(b)
In the event that a Party is required, by a valid discovery request, to
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produce a Non-Party’s confidential information in its possession, and the Party is
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subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
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information, then the Party shall:
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(1)
promptly notify in writing the Requesting Party and the Non-Party
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that some or all of the information requested is subject to a confidentiality agreement
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with a Non-Party;
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(2)
promptly provide the Non-Party with a copy of the Stipulated
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Protective Order in this Action, the relevant discovery request(s), and a reasonably
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specific description of the information requested; and
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STIPULATED PROTECTIVE ORDER
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(3)
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Non-Party, if requested.
(c)
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make the information requested available for inspection by the
If the Non-Party fails to seek a protective order from this court within 14
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days of receiving the notice and accompanying information, the Receiving Party may
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produce the Non-Party’s confidential information responsive to the discovery request.
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If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
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any information in its possession or control that is subject to the confidentiality
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agreement with the Non-Party before a determination by the court. Absent a court order
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to the contrary, the Non-Party shall bear the burden and expense of seeking protection
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in this court of its Protected Material.
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10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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Protected Material to any person or in any circumstance not authorized under this
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Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
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the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
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all unauthorized copies of the Protected Material, (c) inform the person or persons to
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whom unauthorized disclosures were made of all the terms of this Order, and (d)
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request such person or persons to execute the “Acknowledgment and Agreement to Be
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Bound” that is attached hereto as Exhibit A.
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11.
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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL.
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When a Producing Party gives notice to Receiving Parties that certain inadvertently
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produced material is subject to a claim of privilege or other protection, the obligations
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of the Receiving Parties are those set forth in Federal Rule of Civil Procedure
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26(b)(5)(B). This provision is not intended to modify whatever procedure may be
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established in an e-discovery order that provides for production without prior privilege
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review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties
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STIPULATED PROTECTIVE ORDER
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reach an agreement on the effect of disclosure of a communication or information
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covered by the attorney-client privilege or work product protection, the parties may
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incorporate their agreement in the stipulated protective order submitted to the court.
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12.
12.1 Right to Further Relief. Nothing in this Order abridges the right of any
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MISCELLANEOUS
person to seek its modification by the Court in the future.
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12.2 Right to Assert Other Objections. By stipulating to the entry of this
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Protective Order no Party waives any right it otherwise would have to object to
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disclosing or producing any information or item on any ground not addressed in this
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Stipulated Protective Order. Similarly, no Party waives any right to object on any
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ground to use in evidence of any of the material covered by this Protective Order.
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12.3 Filing Protected Material. A Party that seeks to file under seal any
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Protected Material must comply with Civil Local Rule 79-5. Protected Material may
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only be filed under seal pursuant to a court order authorizing the sealing of the specific
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Protected Material at issue. If a Party's request to file Protected Material under seal is
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denied by the court, then the Receiving Party may file the information in the public
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record unless otherwise instructed by the court.
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13.
FINAL DISPOSITION.
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After the final disposition of this Action (as defined in paragraph 4), within 60
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days of a written request by the Designating Party, or another period of time agreed
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upon by the parties, each Receiving Party must return all Protected Material to the
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Producing Party or destroy such material. As used in this subdivision, “all Protected
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Material” includes all copies, abstracts, compilations, summaries, and any other format
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reproducing or capturing any of the Protected Material. Whether the Protected Material
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is returned or destroyed, the Receiving Party must submit a written certification to the
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Producing Party (and, if not the same person or entity, to the Designating Party) by the
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60 day or agreed upon deadline that (1) identifies (by category, where appropriate) all
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STIPULATED PROTECTIVE ORDER
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the Protected Material that was returned or destroyed and (2)affirms that the Receiving
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Party has not retained any copies, abstracts, compilations, summaries or any other
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format reproducing or capturing any of the Protected Material. Notwithstanding this
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provision, Counsel are entitled to retain an archival copy of all pleadings, motion
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papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
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deposition and trial exhibits, expert reports, attorney work product, and consultant and
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expert work product, even if such materials contain Protected Material. Any such
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archival copies that contain or constitute Protected Material remain subject to this
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Protective Order as set forth in Section 4 (DURATION).
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14.
Any violation of this Order may be punished by any and all appropriate measures
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including, without limitation, contempt proceedings and/or monetary sanctions.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: July 2, 2021
CASILLAS & ASSOCIATES
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By: /s/ Arnoldo Casillas
ARNOLDO CASILLAS
Attorneys for Plaintiffs,
ESTATE OF THO XUAN NGO, LINH DANG,
SHANTEL DANG, KAYLA DANG, and
TAYLOR DANG
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DATED: July 2, 2021
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FERGUSON, PRAET & SHERMAN APC
By: /s/ Daniel S. Cha
DANIEL S. CHA
Attorneys for Defendants
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///
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STIPULATED PROTECTIVE ORDER
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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Dated: _______________
July 14, 2021
____________________________________
/s/ Autumn D. Spaeth
Hon. Autumn D. Spaeth
U.S. Magistrate Judge
United States District Court
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STIPULATED PROTECTIVE ORDER
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of
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_________________ [print or type full address], declare under penalty of perjury that I have
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read in its entirety and understand the Stipulated Protective Order that was issued by the
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United States District Court for the Central District of California on ___________ in the
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case of Shantel Dang et al v. City of Westminster et al., Case No. 8:21-cv-00707 JVS ADSx.
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I agree to comply with and to be bound by all the terms of this Stipulated Protective Order
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and I understand and acknowledge that failure to so comply could expose me to sanctions
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and punishment in the nature of contempt. I solemnly promise that I will not disclose in any
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manner any information or item that is subject to this Stipulated Protective Order to any
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person or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
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Central District of California for the purpose of enforcing the terms of this Stipulated
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Protective Order, even if such enforcement proceedings occur after termination of this
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action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and telephone
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number] as my California agent for service of process in connection with this action or any
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proceedings related to enforcement of this Stipulated Protective Order.
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Date: ______________________________________
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City and State where sworn and signed: _________________________________
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Printed name: _______________________________
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Signature: __________________________________
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STIPULATED PROTECTIVE ORDER
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