Murrietta-Golding et al v. City of Fresno et al
Filing
29
Stipulated Protective Order for confidential information, signed by Magistrate Judge Sheila K. Oberto on 9/7/2018. (Rosales, O)
1
5
MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
MAYA SORENSEN (State Bar No. 250722)
TERESA ALLEN (State Bar No. 264865)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, CA 94612
Telephone:
(510) 452-5500
Facsimile:
(510) 452-5510
6
Attorneys for Plaintiff Christine Pauline Lopez
2
3
4
7
8
9
10
STUART R. CHANDLER (State Bar No. 088969)
STUART R. CHANDLER APC
761 E. Locust Avenue, Suite 101
Fresno, California 93720
Telephone:
(559) 431-7770
Facsimile:
(559) 431-7778
Attorney for Plaintiff Anthony Golding
11
UNITED STATES DISTRICT COURT
12
EASTERN DISTRICT OF CALIFORNIA
13
14
15
16
ISIAH MURRIETTA-GOLDING,
Deceased, THROUGH HIS SUCCESSOR
IN INTEREST CHRISTINA PAULINE
LOPEZ; and CHRISTINE PAULINE
LOPEZ, Individually,
Plaintiffs,
17
18
19
20
vs.
CITY OF FRESNO, a public entity, CITY
OF FRESNO POLICE CHIEF JERRY
DYER, SERGEANT RAY VILLALVAZO,
individually, and DOES 3 through 10,
Jointly and Severally,
21
22
23
24
Defendants.
ISIAH MURRIETTA-GOLDING,
Deceased, THROUGH HIS SUCCESSOR
IN INTEREST ANTHONY GOLDING; and
ANTHONY GOLDING, Individually,
Plaintiffs,
25
vs.
26
27
28
CITY OF FRESNO, et al.
Defendants
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
No: 1:18-cv-00314-AWI-SKO
STIPULATED PROTECTIVE ORDER
FOR CONFIDENTIAL INFORMATION
(Doc. 28)
Consolidated Case
No: 1:18-cv-00332-AWI-SKO
The parties, by and through their respective attorneys of record, hereby stipulate to the
1
2
following protective order being issued in this matter:
3
1.
PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of
4
5
confidential, proprietary, or private information for which special protection from public disclosure
6
and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
7
the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
8
Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures
9
or responses to discovery and that the protection it affords from public disclosure and use extends
10
only to the limited information or items that are entitled to confidential treatment under the
11
applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that
12
this Stipulated Protective Order does not entitle them to file confidential information under seal;
13
Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be
14
applied when a party seeks permission from the court to file material under seal.
15
2.
16
17
18
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
19
generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
20
Civil Procedure 26(c), and for which public disclosure is likely to result in particularized harm and
21
violate privacy interests recognized by law. This information may include:
22
a.
personnel file records of any peace officer, including misconduct
23
complaints/histories, performance evaluations, hiring and background investigation materials, and
24
fitness for duty materials;
25
b.
medical records;
26
c.
social security numbers and similar sensitive identifying information
27
28
(unless redacted by order or by agreement of all parties).
Except by stipulation or order based on good cause, this information may not include
2
1
records and information the investigation of the subject incident(s), specifically the incident
2
involving Decedent Isiah Murrietta-Golding on or about April 14-15, 2017, including but not
3
limited to the OIS and homicide investigations, any District Attorney’s investigation, all coroner’s
4
documents and items, all video/audio recordings of the shootings, all interviews of any officer or
5
witness in connection with the investigation in any format, documents produced by Defendants as
6
bates 1-1329, policies, procedures, training materials of the Fresno Police Department, any officer
7
involved shooting review committee documents, and any criminal, civil liability, administrative,
8
or auditor’s investigation of the incident(s). The parties further agree that the fact that Isiah and
9
Israel Murrietta-Golding were minors at the time of the incident(s) does not in and of itself render
10
any materials or documents confidential in this case, and Plaintiffs specifically waive any right to
11
privacy based on Isiah and Israel’s minority. This order does not affect any proper and lawful
12
objection to the production of any item.
13
14
15
16
17
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.”
2.5
Disclosure or Discovery Material: all items or information, regardless of the medium
18
or manner in which it is generated, stored, or maintained (including, among other things, testimony,
19
transcripts, and tangible things), that are produced or generated in disclosures or responses to
20
discovery in this matter.
21
2.6
Expert: a person with specialized knowledge or experience in a matter pertinent to
22
the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
23
consultant in this action.
24
25
26
27
28
2.7
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.
2.8
Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named as a Party to this action.
2.9
Outside Counsel of Record: attorneys who are not employees of a party to this action
3
1
but are retained to represent or advise a party to this action and have appeared in this action on
2
behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
2.10
3
4
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11
5
6
Party: any party to this action, including all of its officers, directors, employees,
Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
2.12
7
Professional Vendors: persons or entities that provide litigation support services
8
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
9
storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.13
10
11
Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL.”
2.14
12
Receiving Party: a Party that receives Disclosure or Discovery Material from a
13
Producing Party.
14
3.
SCOPE
15
The protections conferred by this Stipulation and Order cover not only Protected Material (as
16
defined above), but also (1) any information copied from Protected Material; (2) all copies, excerpts,
17
summaries, or compilations of Protected Material that reveal the source of the Protected Material or
18
that reveal specific information entitled to confidentiality as a matter of law; and (3) any testimony,
19
conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
20
However, the protections conferred by this Stipulation and Order do not cover the following
21
information: (a) any information that is in the public domain at the time of disclosure to a Receiving
22
Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of
23
publication not involving a violation of this Order, including becoming part of the public record
24
through trial or otherwise; and (b) any information known to the Receiving Party prior to the
25
disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
26
information lawfully and under no obligation of confidentiality to the Designating Party. Any use of
27
Protected Material at trial shall be governed by a separate agreement or order.
28
4
1
4.
DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this
2
3
Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
4
otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
5
defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
6
and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the
7
time limits for filing any motions or applications for extension of time pursuant to applicable law.
8
5.
9
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection. Each Party or
10
Non-Party that designates information or items for protection under this Order must take care to
11
limit any such designation to specific material that qualifies under the appropriate standards. The
12
Designating Party must designate for protection only those parts of material, documents, items, or
13
oral or written communications that qualify – so that other portions of the material, documents,
14
items, or communications for which protection is not warranted are not swept unjustifiably within
15
the ambit of this Order.
16
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
17
to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
18
encumber or retard the case development process or to impose unnecessary expenses and burdens on
19
other parties) expose the Designating Party to sanctions.
20
If it comes to a Designating Party’s attention that information or items that it designated for
21
protection do not qualify for protection, that Designating Party must promptly notify all other Parties
22
that it is withdrawing the mistaken designation.
23
5.2
Manner and Timing of Designations. Except as otherwise provided in this Order
24
(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
25
Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
26
designated before the material is disclosed or produced.
27
28
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but
5
1
excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
2
affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
3
or portions of the material on a page qualifies for protection, the Producing Party also must clearly
4
identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or
5
Non-Party that makes original documents or materials available for inspection need not designate
6
them for protection until after the inspecting Party has indicated which material it would like copied
7
and produced. During the inspection and before the designation, all of the material made available
8
for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the
9
documents it wants copied and produced, the Producing Party must determine which documents, or
10
portions thereof, qualify for protection under this Order. Then, before producing the specified
11
documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that
12
contains Protected Material. If only a portion or portions of the material on a page qualifies for
13
protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making
14
appropriate markings in the margins).
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
15
16
Designating Party identify on the record, before the close of the deposition, hearing, or other
17
proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for any other
18
19
tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
20
containers in which the information or item is stored the legend “CONFIDENTIAL.” If the
21
information is produced electronically, then the term “CONFIDENTIAL” must appear in the name
22
of each electronic file containing confidentially designated information. If only a portion or portions
23
of the information or item warrant protection, the Producing Party, to the extent practicable, shall
24
identify the protected portion(s).
25
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
26
designate qualified information or items does not, standing alone, waive the Designating Party’s
27
right to secure protection under this Order for such material. Upon timely correction of a
28
designation, the Receiving Party must make reasonable efforts to assure that the material is treated in
6
1
accordance with the provisions of this Order.
2
6.
3
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a designation of
4
confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
5
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,
6
or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
7
confidentiality designation by electing not to mount a challenge promptly after the original
8
designation is disclosed.
9
6.2
Meet and Confer. The Challenging Party shall initiate the dispute resolution process
10
by providing written notice of each designation it is challenging and describing the basis for each
11
challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
12
recite that the challenge to confidentiality is being made in accordance with the Protective Order.
13
The parties shall attempt to resolve each challenge in good faith and must begin the process by
14
conferring directly (in voice to voice dialogue; other forms of communication are not sufficient)
15
within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the
16
basis for its belief that the confidentiality designation was not proper and must give the Designating
17
Party an opportunity to review the designated material, to reconsider the circumstances, and, if no
18
change in designation is offered, to explain the basis for the chosen designation. A Challenging Party
19
may proceed to the next stage of the challenge process only if it has engaged in this meet and confer
20
process first or establishes that the Designating Party is unwilling to participate in the meet and
21
confer process in a timely manner.
22
6.3
Judicial Intervention. If the Parties cannot resolve a challenge without court
23
intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil
24
Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the
25
initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process
26
will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a
27
competent declaration affirming that the movant has complied with the meet and confer
28
requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a
7
1
motion including the required declaration within 21 days (or 14 days, if applicable) shall
2
automatically waive the confidentiality designation for each challenged designation. In addition, the
3
Challenging Party may file a motion challenging a confidentiality designation at any time if there is
4
good cause for doing so, including a challenge to the designation of a deposition transcript or any
5
portions thereof. Any motion brought pursuant to this provision must be accompanied by a
6
competent declaration affirming that the movant has complied with the meet and confer
7
requirements imposed by the preceding paragraph.
8
The burden of persuasion in any such challenge proceeding shall be on the Designating
9
Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
10
unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
11
Unless the Designating Party has waived the confidentiality designation by failing to file a motion to
12
retain confidentiality as described above, all parties shall continue to afford the material in question
13
the level of protection to which it is entitled under the Producing Party’s designation until the court
14
rules on the challenge.
15
7.
16
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is disclosed or
17
produced by another Party or by a Non-Party in connection with this case only for prosecuting,
18
defending, or attempting to settle this litigation. Such Protected Material may be disclosed by any
19
party only to the categories of persons and under the conditions described in this Order. When the
20
litigation has been terminated, a Receiving Party must comply with the provisions of section 13
21
below (FINAL DISPOSITION).
22
23
24
Protected Material must be stored and maintained by all parties 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 by
25
the court or permitted in writing by agreement of both the Designating Party and Receiving
26
Party(ies), all parties may disclose any information or item designated “CONFIDENTIAL” only to:
27
28
(a) the Party’s Outside Counsel of Record in this action, as well as employees of said
Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this
8
1
litigation (counsel and law firms appearing in this action are deemed to have agreed to be bound by
2
this Protective Order);
(b) the officers, directors, and employees (including House Counsel) of the Party to
3
4
whom disclosure is reasonably necessary for this litigation, including employees and agents of the
5
designating party(ies) in the normal course of their business with due regard for the confidential
6
nature of the information under this protective order.;
(c) Experts (as defined in this Order) of any Party to whom disclosure is reasonably
7
8
necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be
9
Bound” (Exhibit A). It shall be the responsibility of any party disclosing confidential information to
10
any expert to obtain the expert’s signature on the “Acknowledgment and Agreement to Be Bound”
11
when releasing any such information to the expert;
12
(d) the court and its personnel;
13
(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
14
Professional Vendors to whom disclosure is reasonably necessary for this litigation;
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
15
16
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
17
unless otherwise agreed by the Designating Party and any other parties present at the deposition or
18
ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal
19
Protected Material must be separately bound by the court reporter and may not be disclosed to
20
anyone except as permitted under this Stipulated Protective Order or as agreed by all parties.
(g) the author or recipient of a document containing the information or a custodian or
21
22
other person who otherwise possessed or knew the information;
23
8.
PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
24
LITIGATION
25
If a Party is served with a subpoena or a court order issued in other litigation that compels
26
disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
27
must:
28
(a) promptly notify in writing the Designating Party. Such notification shall include a
9
1
copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to issue in the
2
3
other litigation that some or all of the material covered by the subpoena or order is subject to this
4
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
5
6
Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the subpoena
7
8
or court order shall not produce any information designated in this action as “CONFIDENTIAL”
9
before a determination by the court from which the subpoena or order issued, unless the Party has
10
obtained the Designating Party’s permission. The Designating Party shall bear the burden and
11
expense of seeking protection in that court of its confidential material – and nothing in these
12
provisions should be construed as authorizing or encouraging a Receiving Party in this action to
13
disobey a lawful directive from another court.
14
9.
15
16
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-Party in this
17
action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
18
connection with this litigation is protected by the remedies and relief provided by this Order.
19
Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional
20
protections.
21
(b) In the event that a Party is required, by a valid discovery request, to produce a Non-
22
Party’s confidential information in its possession, and the Party is subject to an agreement with the
23
Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
24
25
26
(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 in
27
this litigation, the relevant discovery request(s), and a reasonably specific description of the
28
information requested; and
10
1
(3) make the information requested available for inspection by the Non-Party.
2
(c) If the Non-Party fails to object or seek a protective order from this court within 14
3
days of receiving the notice and accompanying information, the Receiving Party may produce the
4
Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
5
seeks a protective order, the Receiving Party shall not produce any information in its possession or
6
control that is subject to the confidentiality agreement with the Non-Party before a determination by
7
the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
8
seeking protection in this court of its Protected Material.
9
10.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any
10
11
person or in any circumstance not authorized under this Stipulated Protective Order, the Party must
12
immediately (a) notify in writing all Parties of the unauthorized disclosures, (b) use its best efforts to
13
retrieve all unauthorized copies of the Protected Material, (c) inform the person or persons to whom
14
unauthorized disclosures were made of all the terms of this Order, and (d) request such person or
15
persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto as
16
Exhibit A.
17
11.
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
18
MATERIAL
19
When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
20
material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
21
are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
22
modify whatever procedure may be established in an e-discovery order that provides for production
23
without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
24
parties reach an agreement on the effect of disclosure of a communication or information covered by
25
the attorney-client privilege or work product protection, the parties may incorporate their agreement
26
in the stipulated protective order submitted to the court.
27
12.
28
MISCELLANEOUS
12.1
Right to Further Relief. Nothing in this Order abridges the right of any person to seek
11
1
its modification by the court in the future.
12.2
2
Right to Assert Other Objections. By stipulating to the entry of this Protective Order
3
no Party waives any right it otherwise would have to object to disclosing or producing any
4
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
5
Party waives any right to object on any ground to use in evidence of any of the material covered by
6
this Protective Order.
12.3
7
Filing Protected Material. Without written permission of all parties or a court order
8
secured after appropriate notice to all interested persons, a Party may not file in the public record in
9
this action any Protected Material. A Party that seeks to file under seal any Protected Material must
10
comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a
11
court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local
12
Rule 79-5, a sealing order will issue only upon a request establishing that the Protected Material at
13
issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a
14
Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5(d) is denied by
15
the court, then any Party may file the information in the public record pursuant to Civil Local Rule
16
79-5(e) unless otherwise instructed by the court.
17
13.
18
FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in paragraph 4, upon
19
written notification served by Producing or Designating Party, each Receiving Party must return all
20
Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all
21
Protected Material” includes all copies, abstracts, compilations, summaries, and any other format
22
reproducing or capturing any of the Protected Material. Whether the Protected Material is returned
23
or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if
24
not the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
25
category, where appropriate) all the Protected Material that was returned or destroyed and (2)affirms
26
that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any other
27
format reproducing or capturing any of the Protected Material. Notwithstanding this provision,
28
Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and
12
1
hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,
2
attorney work product, and consultant and expert work product, even if such materials contain
3
Protected Material. Any such archival copies that contain or constitute Protected Material remain
4
subject to this Protective Order as set forth in Section 4 (DURATION).
5
6
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
8
DATED: September 5, 2018
HADDAD & SHERWIN LLP
/s/ Michael Haddad
9
MICHAEL HADDAD
Attorneys for Plaintiff Christina Pauline Lopez
10
11
12
DATED: September 5, 2018
STUART R. CHANDLER APC
13
/s/ Stuart R. Chandler
14
STUART R. CHANDLER
Attorneys for Plaintiff Anthony Golding
15
16
DATED: September 5, 2018
FERGUSON, PRAET & SHERMAN
17
/s/ Bruce Praet
18
BRUCE PRAET
Attorneys for Defendants
19
20
21
ORDER
22
23
24
25
IT IS SO ORDERED.
Dated:
September 7, 2018
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
26
27
28
13
.
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
26
27
28
14
1
EXHIBIT A
2
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, _____________________________ [print or type full name], of _________________ [print or
4
type full address], declare under penalty of perjury that I have read in its entirety and understand the
5
Stipulated Protective Order that was issued by the United States District Court for the Northern
6
District of California on [date] in the case of ___________ [insert formal name of the case and the
7
number and initials assigned to it by the court]. I agree to comply with and to be bound by all the
8
terms of this Stipulated Protective Order and I understand and acknowledge that failure to so comply
9
could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I
10
will not disclose in any manner any information or item that is subject to this Stipulated Protective
11
Order to any person or entity except in strict compliance with the provisions of this Order.
12
I further agree to submit to the jurisdiction of the United States District Court for the Northern
13
District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even
14
if such enforcement proceedings occur after termination of this action.
15
I hereby appoint __________________________ [print or type full name] of
16
_______________________________________ [print or type full address and telephone number] as
17
my California agent for service of process in connection with this action or any proceedings related
18
to enforcement of this Stipulated Protective Order.
19
20
Date: ______________________________________
21
City and State where sworn and signed: _________________________________
22
23
Printed name: _______________________________
24
25
Signature: __________________________________
26
27
28
15
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?