Atayde v. Napa State Hospital et al

Filing 109

STIPULATION and ORDER Re: Confidential Documents, signed by Magistrate Judge Stanley A. Boone on 9/29/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MICHAEL J. HADDAD (SBN 189114) JULIA SHERWIN (SBN 189268) T. KENNEDY HELM (SBN 282319) MAYA SORENSEN (SBN 250722) HADDAD & SHERWIN LLP 505 Seventeenth Street Oakland, CA 94612 Telephone: (510) 452-5500 Facsimile: (510) 452-5510 SANJAY S. SCHMIDT (SBN 247475) LAW OFFICE OF SANJAY S. SCHMIDT 1388 Sutter Street, Suite 810 San Francisco, CA 94109 Telephone: (415) 563-8583 Facsimile: (415) 223-9717 Attorneys for Plaintiff UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) LUCY ATAYDE, Individually and as Successor in Interest of Decedent RICHARD ) ) MICHAEL RAMIREZ, ) ) Plaintiff, ) vs. ) ) NAPA STATE HOSPITAL, STATE OF ) CALIFORNIA DEPARTMENT OF STATE ) HOSPITALS, a public entity, DOLLY ) MATTEUCCI, Individually, DANA WHITE, ) R.N., Individually, CALIFORNIA FORENSIC) MEDICAL GROUP, INC., TAYLOR ) FITHIAN, M.D., HEATHER GOODE, M.D., ) ) SEAN RYAN, R.N., DEBORAH MANDUJANO, R.N.,CORINA DENNING, ) R.N., COUNTY OF MERCED, a municipal ) ) corporation, former Sheriff TOM CAVALLERO, in his Individual and Official ) ) Capacities, Undersheriff JASON GOINS, and ) DOES 1 THROUGH 10, Jointly and ) Severally, ) ) Defendants. ) ) 1 Case No. 1:16-cv-00398-DAD-SAB ORDER RE STIPULATED PROTECTIVE ORDER RE: CONFIDENTIAL DOCUMENTS (PURSUANT TO EASTERN DISTRICT LOCAL RULE 141.1) 1 1. PURPOSES AND LIMITATIONS 2 Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 5 6 7 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 8 under the applicable legal principles. The parties further acknowledge, as set forth in Section 9 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential 10 11 12 13 information under seal; Eastern District Civil Local Rule 141 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. Nothing in this Stipulated Protective Order is intended to be, nor should be construed as, an agreement to produce information regarding patients, and nothing in 14 this Stipulated Protective Order is to be construed as a waiver of any party’s obligation to 15 maintain the confidentiality of patient information pursuant federal law, including without 16 limitation, HIPAA and California Welfare and Institutions Code Section 5328. 17 2. 18 19 20 21 22 23 24 25 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “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). 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2 2.5 1 Disclosure or Discovery Material: all items or information, regardless of the 2 medium or manner in which it is generated, stored, or maintained (including, among other things, 3 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 4 responses to discovery in this matter. 2.6 5 6 7 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action. 2.7 House Counsel: attorneys who are employees of a party to this action. House 8 Counsel does not include Outside Counsel of Record or any other outside counsel. 9 2.8 10 entity not named as a Party to this action. 11 12 13 Non-Party: any natural person, partnership, corporation, association, or other legal 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 14 2.10 Party: any party to this action, including all of its officers, directors, agents, 15 employees, consultants, retained experts, and Outside Counsel of Record (and their support 16 staffs). 17 18 19 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 Professional Vendors: persons or entities that provide litigation support services 20 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 21 organizing, storing, or retrieving data in any form or medium) and their employees and 22 23 24 25 subcontractors. 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 3 1 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material 2 3 (as defined above), but also (1) any information copied from Protected Material; (2) all copies, 4 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, 5 6 7 or presentations by Parties or their Counsel that might reveal Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 8 publication not involving a violation of this Order, including becoming part of the public record 9 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 10 11 12 13 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 4. DURATION 14 Even after final disposition of this litigation, the confidentiality obligations imposed by 15 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 16 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 17 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 18 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 19 including the time limits for filing any motions or applications for extension of time pursuant to 20 applicable law. 21 5. 22 23 24 25 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify – so that other portions of the material, 4 1 documents, items, or communications for which protection is not warranted are not swept 2 unjustifiably within the ambit of this Order. 3 4 5 6 7 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 or retard the case development process or to impose unnecessary expenses and burdens on other parties) 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 8 Parties that it is withdrawing the mistaken designation. 9 5.2 10 11 12 13 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: 14 (a) for information in documentary form (e.g., paper or electronic documents, but 15 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 16 Party affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 17 portion or portions of the material on a page qualifies for protection, the Producing Party also 18 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 19 margins). 20 21 22 23 24 25 A Party or Non-Party that makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and produced, 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 5 1 must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a 2 portion or portions of the material on a page qualifies for protection, the Producing Party also 3 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 4 margins). (b) for testimony and/or exhibits given in deposition or in other pretrial proceedings, 5 6 7 that the Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony and/or exhibits. (c) for information produced in some form other than documentary and for any other 8 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 9 10 11 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected portion(s). 12 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 13 designate qualified information or items does not, standing alone, waive the Designating Party’s 14 right to secure protection under this Order for such material. Upon timely correction of a 15 designation, the Receiving Party must make reasonable efforts to assure that the material is 16 treated in accordance with the provisions of this Order. 17 6. 18 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 19 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 20 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 21 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 22 23 24 25 challenge a confidentiality designation by electing not to mount a challenge promptly after the original designation is disclosed. However, absent good cause, a Party must mount a challenge by 30 days prior to the filing date for non-dispositive motions regarding fact discovery (currently set for March 16, 2018. (See Doc. 102). 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 6 1 process by providing written notice of each designation it is challenging and describing the basis 2 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 3 notice must recite that the challenge to confidentiality is being made in accordance with this 4 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 5 6 7 good faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its belief that the confidentiality designation was not proper and must give the Designating Party an opportunity to review the 8 designated material, to reconsider the circumstances, and, if no change in designation is offered, 9 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 10 11 12 13 stage of the challenge process only if it has engaged in this meet and confer process first or establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely manner. 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 14 intervention, the Designating Party shall: either (1) file and serve a motion to retain 15 confidentiality challenging the designation under Eastern District Civil Local Rule 251, or (2) 16 upon stipulation of the parties, follow the procedure in Judge Boone’s Standing Order, ¶ 7, re: 17 Informal Telephonic Conferences re Discovery Disputes; either must occur within 21 days of the 18 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 19 process will not resolve their dispute, whichever is later. Each such motion under Local Rule 251 20 must be accompanied by a competent declaration affirming that the movant has complied with the 21 meet and confer requirements imposed in the preceding paragraph. Failure by the Designating 22 23 24 25 Party to either make such a motion including the required declaration within 21 days (or 14 days, if applicable), or to initiate Judge Boone’s Informal Telephonic Conference procedure shall automatically waive the confidentiality designation for each challenged designation. 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 7 1 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 2 sanctions. Unless the Designating Party has waived the confidentiality designation by failing 3 either to file a motion to retain confidentiality or to initiate Judge Boone’s Informal Telephonic 4 Conference procedure as described above, all parties shall continue to afford the material in 5 6 7 question the level of protection to which it is entitled under the Producing Party’s designation until the court rules on the challenge. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 8 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 9 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 10 11 12 13 14 15 the categories of persons and under the conditions described in this Order. When the litigation has been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 16 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 17 information or item designated “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 20 information for this litigation (counsel and law firms appearing in this action are deemed to have 21 agreed to be bound by this Protective Order); 22 23 24 25 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and 8 1 Agreement to Be Bound” (Exhibit A); 2 (d) the court and its personnel; 3 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 4 5 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses in the action to whom disclosure is reasonably 6 7 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 8 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 9 bound by the court reporter and may not be disclosed to anyone except as permitted under this 10 Stipulated Protective Order or as agreed by the Designating Party. 11 12 13 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 14 LITIGATION 15 If a Party is served with a subpoena or a court order issued in other litigation that compels 16 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 17 must: (a) promptly notify in writing the Designating Party. Such notification shall include a 18 19 copy of the subpoena or court order; 20 (b) promptly notify in writing the party who caused the subpoena or order to issue in 21 the other litigation that some or all of the material covered by the subpoena or order is subject to 22 23 24 25 this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the 9 1 subpoena or court order shall not produce any information designated in this action as 2 “CONFIDENTIAL” before a determination by the court from which the subpoena or order 3 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party 4 shall bear the burden and expense of seeking protection in that court of its confidential material – 5 6 7 and nothing in these provisions should be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 8 (a) The terms of this Order are applicable to information produced by a Non-Party in 9 10 11 12 13 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a 14 Non-Party’s confidential information in its possession, and the Party is subject to an agreement 15 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 16 17 18 (1) promptly notify in writing the Requesting Party and the Non-Party 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 Protective Order 19 in this litigation, the relevant discovery request(s), and a reasonably specific description of the 20 information requested; and 21 22 23 24 25 (3) make the information requested available for inspection by the Non-Party. (c) If the Non-Party fails to object or seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. However, nothing in this section shall require a Party to violate the terms of a Protective Order issued in another action that protects the Non-Party’s Information from disclosure. If the Non-Party timely seeks a 10 1 protective order, the Receiving Party shall not produce any information in its possession or 2 control that is subject to the confidentiality agreement with the Non-Party before a determination 3 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and 4 expense of seeking protection in this court of its Protected Material. 5 10. If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 6 7 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 8 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the 9 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 10 11 12 made of all the terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 11. 13 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 14 When a Producing Party gives notice to Receiving Parties that certain inadvertently 15 produced material is subject to a claim of privilege or other protection, the obligations of the 16 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 17 provision is not intended to modify whatever procedure may be established in an e-discovery 18 order that provides for production without prior privilege review. Pursuant to Federal Rule of 19 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 20 communication or information covered by the attorney-client privilege or work product 21 protection, the parties may incorporate their agreement in the stipulated protective order 22 23 24 25 submitted to the court. 12. MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 11 12.2 1 Right to Assert Other Objections. By stipulating to the entry of this Protective 2 Order no Party waives any right it otherwise would have to assert privilege, to object to disclosing 3 or producing any information or item on any ground not addressed in this Stipulated Protective 4 Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of 5 the material covered by this Protective Order. 12.3 6 7 Filing Protected Material. Without written permission from the Designating Party or a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal any 8 Protected Material must comply with Civil Local Rule 141. Protected Material may only be filed 9 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 10 11 12 13 issue. Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 141 is denied by the court, then the Receiving Party may file the 14 information in the public record pursuant to Civil Local Rule 141 unless otherwise instructed by 15 the court. 16 13. 17 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, upon 18 written notification served by Producing or Designating Party, each Receiving Party must return 19 all Protected Material to the Producing Party or destroy such material. As used in this subdivision, 20 “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other 21 format reproducing or capturing any of the Protected Material. Whether the Protected Material is 22 23 24 25 returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 12 1 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 2 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 3 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 4 consultant and expert work product, even if such materials contain Protected Material. Any such 5 6 archival copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 (DURATION). 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 9 10 Dated: September 28, 2017 HADDAD & SHERWIN LLP LAW OFFICE OF SANJAY S. SCHMIDT 11 /s/ T. Kennedy Helm 12 T. KENNEDY HELM Attorneys for Plaintiff LUCY ATAYDE 13 14 15 Dated: September 26, 2017 16 17 18 XAVIER BECERRA Attorney General of California PETER A. MESHOT Supervising Deputy Attorney General KRISTA DUNZWEILER Deputy Attorney General 19 /s/ Krista Dunzweiler* 20 KRISTA DUNZWEILER Attorneys for Defendants CALIFORNIA DEPARTMENT OF STATE HOSPITALS, DOLLY MATTEUCCI, AND DANA WHITE, R.N. 21 22 23 24 Dated: September 26, 2017 LAW OFFICES OF JEROME M. VARANINI /s/ Jerome M. Varanini* 25 JEROME M. VARANINI 13 Attorney for Defendants COUNTY OF MERCED, TOM CAVALLERO, and JASON GOINS 1 2 3 Dated: September 26, 2017 BERTLING & CLAUSEN LLC 4 /s/ Jemma Parker Saunders* 5 JEMMA PARKER SAUNDERS Attorney for Defendants CALIFORNIA FORENSIC MEDICAL GROUP, INC.; TAYLOR FITHIAN, M.D.; HEATHER GOODE, M.D.; SEAN RYAN, R.N.; DEBORAH MANDUJANO, R.N., and CORINA DENNING, R.N. 6 7 8 9 *Ms. Dunzweiler, Ms. Saunders, and Mr. Varanini gave their consent that this document be electronically filed. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________________ [print or type full name], of 4 _______________________________________ [print or type full address], declare under 5 6 7 penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the Eastern District of California on _______________________ in the case of Lucy Atayde v. Napa State Hospital, et al., No. 1:16cv-00398-DAD-SAB (E.D. Cal.). I agree to comply with and to be bound by all the terms of this 8 Stipulated Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will 10 11 12 13 14 15 not disclose in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone 17 number] as my California agent for service of process in connection with this action or any 18 proceedings related to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 Signature: __________________________________ 15 1 ORDER 2 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that: 3 1. The protective order is entered; 4 2. The parties are advised that pursuant to the Local Rules of the United States District Court, Eastern District of California, any documents which 5 are to be filed under seal will require a written request which complies 6 with Local Rule 141; and 7 3. The party making a request to file documents under seal shall be required to 8 show good cause for documents attached to a nondispositive motion or 9 compelling reasons for documents attached to a dispositive motion. Pintos 10 v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). 11 12 13 IT IS SO ORDERED. Dated: September 29, 2017 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 16

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