Ledesma, et al. v. Kern County, et al.
Filing
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STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/1/2015. (Hall, S)
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THERESA A. GOLDNER, COUNTY COUNSEL
By: ANDREW C. THOMSON, DEPUTY (SBN 149057)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone 661-868-3800
Fax 661-868-3805
Attorneys for Defendants Kern County,
Kern County Sheriff’s Office, Martin,
De La Garza, Perkins, Melton and Wong
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ADRIANA LEDESMA, an individual; )
JESSICA LEDESMA, an individual;
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MARISSA LEDESMA, an individual by )
and through her Guardian Ad Litem
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Raquel Sierra; RONNIE MATHEW
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LEDESMA, an individual by and
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through his Guardian Ad Litem
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Christina Garcia; CHRISTINA
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HERRERA
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Plaintiff,
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vs.
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KERN COUNTY, KERN COUNTY
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SHERIFF’S DEPARTMENT;
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WARREN MARTIN; KARENA DE LA )
GARZA; DWAYNE PERKINS; JAMES )
MELTON; CHRISTOPHER WONG; )
AND DOES 1-200, inclusive,
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Defendants.
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CASE NO. 1:14-CV-01634-LJO-JLT
STIPULATED PROTECTIVE ORDER FOR
DISCOVERY MATTERS
(Doc. 44)
COME NOW, all Plaintiffs and all Defendants (hereinafter the “Parties”) to this matter,
and agree and stipulate to a Protective Order, as follows:
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WHEREAS it is anticipated that Plaintiffs will request portions of the private
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personnel records of law enforcement members of the Kern County Sheriff’s Office (KCSO),
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and KCSO will be requested to produce the records in discovery;
Stipulation for Protective Order
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____________________________________________________________________________________
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2.
WHEREAS the parties agree that discovery of the private personnel records of
law enforcement members of the KCSO may be relevant to this action;
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WHEREAS Defendants are concerned that turning over the KCSO private
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personnel records without a protective order could result in the violation of the privacy rights of
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KCSO Deputies including but not limited to those who are parties to this litigation;
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4.
WHEREAS the parties agree that a Stipulated Protective Order is necessary to
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balance Plaintiffs need for relevant discovery, KCSO’s duty as steward of the records, and the
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privacy rights of the KCSO Deputies including but not limited to those who are parties to this
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litigation;
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5.
WHEREAS it is anticipated that Plaintiffs will request portions of the
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investigation reports, records and evidence prepared during the investigation of the underlying
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incident by law enforcement members of the Kern County Sheriff’s Office (KCSO) (hereinafter
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“investigation records”), and KCSO will be requested to produce the records in discovery;
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6.
WHEREAS the parties agree that discovery of the investigation records may be
relevant to this action;
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WHEREAS Defendants are concerned that turning over the investigation records
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without a protective order could result in the violation of the privacy rights of witnesses,
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Decedent, Plaintiffs and/or KCSO Deputies including but not limited to those who are parties to
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this litigation, and of the investigation privilege;
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8.
WHEREAS the parties agree that a Stipulated Protective Order is necessary to
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balance Plaintiffs need for relevant discovery, KCSO’s duty as steward of the records, and the
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privacy rights of witnesses, Decedent, Plaintiffs and/or KCSO Deputies including but not
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limited to those who are parties to this litigation;
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9.
WHEREAS it is anticipated that Defendants may request portions of the private
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financial, medical and psychological records of Decedent, and Plaintiffs may be requested to
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produce the records in discovery;
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10.
WHEREAS the parties agree that discovery of the private financial, medical and
psychological records of Decedent are relevant to this action;
Stipulation for Protective Order
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____________________________________________________________________________________
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11.
WHEREAS Plaintiffs are concerned that turning over the private financial,
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medical and psychological records of Decedent without a protective order may result in the
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violation of the privacy rights of Plaintiffs;
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12.
WHEREAS the parties agree that a Stipulated Protective Order is necessary to
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balance Defendants need for relevant discovery of Decedent’s private medical and
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psychological records, and Plaintiffs’ desire to prevent unwarranted disclosure of Decedent’s
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medical and psychological records;
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13.
WHEREAS it is anticipated that Defendants may request portions of the private
records of each Plaintiff, and each Plaintiffs may be requested to produce the records in
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discovery;
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14.
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WHEREAS the parties agree that discovery of the private records of Decedent
may be relevant to this action;
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15.
WHEREAS Plaintiffs are concerned that turning over the private records of each
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Plaintiff without a protective order could result in the violation of the privacy rights of
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Plaintiffs;
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16.
WHEREAS the parties agree that a Stipulated Protective Order is necessary to
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balance Defendants need for relevant discovery and each Plaintiff’s desire to prevent
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unwarranted disclosure of their private records;
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SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES HEREBY
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STIPULATE TO THE FOLLOWING PROTECTIVE ORDER:
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17.
In connection with discovery proceedings in this action, the parties designate the
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KCSO’s personnel records regarding their Deputies, including but not limited to those who are
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parties to this litigation, as CONFIDENTIAL.
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18.
In connection with discovery proceedings in this action, the parties designate the
Decedent’s financial, medical and psychological records as CONFIDENTIAL.
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19.
In connection with discovery proceedings in this action, the parties designate the
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investigation reports, records and evidence prepared during the investigation of the underlying
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\\\
Stipulation for Protective Order
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____________________________________________________________________________________
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incident by law enforcement members of the Kern County Sheriff’s Office, which is not
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otherwise available to the public through a public records request, as CONFIDENTIAL.
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20.
In connection with discovery proceedings in this action, the parties designate the
private records of each Plaintiff as CONFIDENTIAL.
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By designating the above matters as CONFIDENTIAL, the Parties certify to the
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Court that there is a good faith basis both in law and in fact for the designations within the
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meaning of Federal Rule of Civil Procedure 26(c).
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22.
Material designated as CONFIDENTIAL under this Order, the information
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contained therein, and any summaries, copies, abstracts, or other documents derived in whole or
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in part from material designated as confidential shall be used only for the purpose of the
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prosecution, defense, or settlement of this action and for no other purpose.
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23.
CONFIDENTIAL material produced pursuant to this Order may be disclosed or
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made available only to the Court, to counsel for a party (including the paralegal, clerical, and
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secretarial staff employed by such counsel), and to the “qualified persons” designated below:
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(a)
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related to the named party shall be disclosed;
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(b)
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such counsel to assist in the prosecution, defense or settlement of this action;
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(c)
court reporter(s) employed in this action;
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(d)
a witness at any deposition or other proceeding in this action; and
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(e)
any other person as to whom the parties in writing agree.
a named party, to which only CONFIDENTIAL material specifically
experts and/or consultants (together with their clerical staff) retained by
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Prior to receiving any CONFIDENTIAL material, each “qualified person” shall be
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provided with a copy of this Order and shall agree to a nondisclosure agreement in the form of
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Attachment A, a copy of which shall be provided forthwith to counsel for each other party and
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for the parties.
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24.
For purposes of Defendants’ initial responses to Plaintiff’s production request,
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the parties agree that Defendants may exclude [redact] from the production the names,
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addresses, telephone numbers and other personal contact information of any non-party Deputy,
Stipulation for Protective Order
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____________________________________________________________________________________
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provided that the identified Deputy is not a first person witness, report writer and/or an
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investigator of Plaintiff’s complaints.
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25.
In the event of a disputed factual issue as to sections 5, and Plaintiff deems it
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necessary to discover the identities and personal contact information of non-party Deputy’s
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information excluded under section 5, Plaintiff’s counsel will notify Defendants’ counsels of
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their intent in writing to seek such personal information. If after five (5) days the parties are
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unable to reach agreement on production of the non-party Deputy’s information, then Plaintiff
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may make an application to the Court for an order to resolve the dispute.
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26.
Nothing herein shall impose any restrictions on the use or disclosure by a party
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of material obtained by such party independent of the discovery process in this action, whether
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or not such material is also obtained through discovery in this action.
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27.
In the event that any CONFIDENTIAL material is used in any court proceeding
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in this action, it shall not lose its confidential status through such use, and the party using such
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shall take all reasonable steps to maintain its confidentiality during such use, including but not
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limited to filing such material under seal and labeling the material “CONFIDENTIAL – Subject
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to Court Order”.
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28.
This Order shall be without prejudice to the right of the parties (a) to bring
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before the Court at any time the question of whether any particular document or information is
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confidential or whether its use should be restricted or (b) to present a motion to the Court under
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FRCP 26(c) for a separate protective order as to any particular document or information,
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including restrictions differing from those as specified herein. This Order shall not be deemed
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to prejudice the parties in any way in any future application for modification of this Order.
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29.
This Order is entered solely for the purpose of facilitating the exchange of
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documents and information between the parties to this action without involving the Court
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unnecessarily in the process. Nothing in this Order, or in the production of any information or
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document under the terms of this Order, or any proceedings pursuant to this Order, shall be
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deemed to have the effect of an admission or waiver by either party or of altering the
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Stipulation for Protective Order
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confidentiality or non-confidentiality of any such document or information or altering any
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existing obligation of any party or the absence thereof.
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30.
This Order shall survive the final termination of this action, to the extent that the
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information contained in Confidential Material is not or does not become known to the public,
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and the Court shall retain jurisdiction to resolve any dispute concerning the use of information
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disclosed hereunder; and,
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31.
Upon termination of this case, counsel for each Parties shall assemble and return
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to opposing counsel all documents, material and deposition transcripts designated as
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confidential and all copies of same, or shall certify the destruction thereof.
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DATED: June 30, 2015
Geragos & Geragos
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By: /s/ Ben J. Meiselas
Mark J. Geragos, Esq.
Ben J. Meiselas, Esq.
Attorneys for Plaintiffs Adriana Ledesma, Jessica
Ledesma, Marissa Ledesma, Ronnie Mathew
Ledesma and Christina Herrera
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DATED: June 30, 2015
Theresa A. Goldner, County Counsel
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By: /s/ Andrew C. Thomson
Andrew C. Thomson, Deputy
Attorneys for Defendants Kern County,
Kern County Sheriff’s Office, Martin,
De La Garza, Perkins, Melton and Wong
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Stipulation for Protective Order
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____________________________________________________________________________________
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ORDER
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Based upon the stipulation of counsel, the stipulated protective order is GRANTED.
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However, this order does not authorize the filing of any document under seal. Instead, the
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parties SHALL comply with Local Rule 141 in the event they seek to file any document under
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seal.
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IT IS SO ORDERED.
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Dated:
July 1, 2015
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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Stipulation for Protective Order
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____________________________________________________________________________________
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Attachment A
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NONDISCLOSURE AGREEMENT
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I, ________________________________ do solemnly swear that I am fully
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familiar with the terms of the Stipulated Protective Order entered in Ledesma et
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al. v. County of Kern, et al., United States District Court for the Eastern District of
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California, Civil Action No. 1:14-CV-01634-LJO-JLT and hereby agree to comply
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with, and be bound by, the terms and conditions of said Order unless and until
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modified by further Order of this Court. I hereby consent to the jurisdiction of
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said Court for purposes of enforcing this Order.
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DATED:
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SIGNATURE
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#2196023.WPD
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Stipulation for Protective Order
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