Correa v. Dunne

Filing 19

STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Christopher D. Baker on 11/18/2022. (Hall, S)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 13 LINA CORREA, an individual and successor-in-interest of ANTONIO VAZQUEZ aka ANTONIO VASQUEZ, deceased, 14 15 18 19 [PROPOSED] STIPULATED PROTECTIVE ORDER Plaintiff, Judge: The Honorable Christopher D. Baker v. Action Filed: July 14, 2022 16 17 1:22-cv-00872-JLT-CDB M. DUNNE, in his Individual Capacity, Defendant. Local Rule 141.1(c) Discussion 20 A description of the types of information eligible for protection under the order, with 21 the description provided in general terms sufficient to reveal the nature of the information 22 (e.g., customer list, formula for soda, diary of a troubled child): 23 Defendant has identified several categories of documents that are potentially relevant to the 24 case. One is the “crime packet,” assembled by the California Department of Corrections and 25 Rehabilitation (CDCR). The crime packet includes a self-critical review of the actions taken by 26 prison staff and explains the corrective action ordered by the Warden in response to the murder of 27 Decedent. A second category of documents potentially relevant to the case are documents 28 1 pertaining to Decedent’s murder, inmate Madrigal, including Madrigal’s medical records, mental 2 health records, central prison file, and prison grievances. 3 4 5 A showing of particularized need for protection as to each category of information proposed to be covered by the order: Defendant contends that as to the crime packet’s self-critical review, CDCR maintains such 6 documents as confidential. CDCR maintains self-critical reviews as confidential because CDCR 7 wants the reviewers and subjects of the review to be as forthcoming as possible. When a reviewer 8 or subject feels as though his or her statements will be kept confidential, he or she is more likely to 9 provide full and accurate information. Conversely, if a reviewer feels as though his or her 10 statements will not be maintained as confidential, he or she might be reluctant to criticize other 11 CDCR staff members. 12 Defendant further contends that thorough and candid use of self-critical reviews are a crucial 13 part of maintaining prison safety and security within CDCR. These reviews help CDCR identify 14 actions taken that do not live up to its best practices and high standards of competency. Such 15 reviews therefore help reduce the risk that further serious incidents occur in the future. Self- 16 critical reviews also help vindicate the rights of correctional staff who are wrongly accused of 17 acting improperly. Accordingly, self-critical reviews both help identify problematic staff behavior 18 and improve morale among staff members who have acted properly but are wrongfully accused of 19 acting improperly. 20 As to the Madrigal documents, Madrigal is not a party to this case and—to Defendant’s 21 knowledge—has never consented to the release of CDCR’s documents about him. And some of 22 the Madrigal documents that are potentially relevant to this case appear to raise significant privacy 23 considerations. For example, Madrigal’s medical and mental health records are likely relevant to 24 the case. Producing these records without a protective order would arguably be a material 25 invasion of Madrigal’s privacy. 26 27 28 2 A showing as to why the need for protection should be addressed by a court order, as 1 2 opposed to a private agreement between or among the parties: Defendant contends that as to the CDCR self-critical assessment documents, CDCR 3 4 maintains these types of documents as confidential. A protective order issued by the Court would 5 facilitate the production of the self-critical assessment documents by assuring CDCR that the 6 Court will assist CDCR in maintaining the confidentiality of these documents. Defendant contends that as to the Madrigal documents, it is unclear if Madrigal would object 7 8 to the production of the Madrigal documents. A Court-endorsed protective order would likely 9 facilitate the production of the Madrigal documents by assuring Madrigal that the Court will help 10 maintain the confidentiality of these documents. 11 Defendant contends that using a court-ordered protective order will address handling of 12 inadvertent disclosures under Federal Rule of Evidence 502 and provide for disclosure of these 13 materials with non-parties, such as experts. For the purposes of this protective order, Plaintiff does not dispute the contentions just 14 15 discussed. The parties request that the Court sign this proposed stipulated protective order, which is 16 17 based on the Northern District of California’s model protective order for standard cases. Deletions 18 to the model protective order are noted with strikethrough, and additions are noted in underline. The Court has considered Defendants’ arguments and finds that there is good cause to enter 19 20 the following protective order. STIPULATED PROTECTIVE ORDER 21 22 23 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 24 confidential, proprietary, or private information for which special protection from public disclosure 25 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 26 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 27 Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures 28 or responses to discovery and that the protection it affords from public disclosure and use extends 3 1 only to the limited information or items that are entitled to confidential treatment under the 2 applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that 3 this Stipulated Protective Order does not entitle them to file confidential information under seal; 4 Civil Local Rule 79-5 141 sets forth the procedures that must be followed and the standards that will 5 be applied when a party seeks permission from the court to file material under seal. 6 2. 7 8 9 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 10 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 11 Civil Procedure 26(c). 12 13 14 15 16 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 17 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 18 transcripts, and tangible things), that are produced or generated in disclosures or responses to 19 discovery in this matter. 20 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the 21 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 22 consultant in this action. 23 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 but are retained to represent or advise a party to this action and have appeared in this action on 4 1 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 2.10 2 3 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11 4 5 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 6 Professional Vendors: persons or entities that provide litigation support services (e.g., 7 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 8 storing, or retrieving data in any form or medium) and their employees and subcontractors. 2.13 9 10 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 11 Receiving Party: a Party that receives Disclosure or Discovery Material from a 12 Producing Party. 13 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 14 15 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 16 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 17 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 18 However, the protections conferred by this Stipulation and Order do not cover the following 19 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 20 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 21 publication not involving a violation of this Order, including becoming part of the public record 22 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 23 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 24 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 25 Protected Material at trial shall be governed by a separate agreement or order. 26 4. 27 28 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 5 1 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 2 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 3 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 4 time limits for filing any motions or applications for extension of time pursuant to applicable law. 5 5. 6 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 7 Non-Party that designates information or items for protection under this Order must take care to 8 limit any such designation to specific material that qualifies under the appropriate standards. The 9 Designating Party must designate for protection only those parts of material, documents, items, or 10 oral or written communications that qualify – so that other portions of the material, documents, 11 items, or communications for which protection is not warranted are not swept unjustifiably within 12 the ambit of this Order. 13 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 14 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 15 encumber or retard the case development process or to impose unnecessary expenses and burdens on 16 other parties) expose the Designating Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it designated for 18 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 19 that it is withdrawing the mistaken designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, 21 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or 22 Discovery Material that qualifies for protection under this Order must be clearly so designated 23 before the material is disclosed or produced. 24 25 Designation in conformity with this Order requires: (a) For information in documentary form (e.g., paper or electronic documents, but 26 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 27 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 28 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 6 1 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 2 A Party or Non-Party that makes original documents or materials available for inspection need not 3 designate them for protection until after the inspecting Party has indicated which material it would 4 like copied and produced. During the inspection and before the designation, all of the material made 5 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 6 identified the documents it wants copied and produced, the Producing Party must determine which 7 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 8 specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page 9 that contains Protected Material. If only a portion or portions of the material on a page qualifies for 10 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 11 appropriate markings in the margins). (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 12 13 Designating Party identify on the record, before the close of the deposition, hearing, or other 14 proceeding, all protected testimony. (c) for information produced in some form other than documentary and for any other 15 16 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 17 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 18 portion or portions of the information or item warrant protection, the Producing Party, to the extent 19 practicable, shall identify the protected portion(s). 5.3 20 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 21 designate qualified information or items does not, standing alone, waive the Designating Party’s 22 right to secure protection under this Order for such material. Upon timely correction of a 23 designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 24 accordance with the provisions of this Order. 25 6. 26 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 27 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 28 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 7 1 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 2 confidentiality designation by electing not to mount a challenge promptly after the original 3 designation is disclosed. 4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 5 by providing written notice of each designation it is challenging and describing the basis for each 6 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 7 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 8 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 9 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 10 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 11 Party must explain the basis for its belief that the confidentiality designation was not proper and 12 must give the Designating Party an opportunity to review the designated material, to reconsider the 13 circumstances, and, if no change in designation is offered, to explain the basis for the chosen 14 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 15 has engaged in this meet and confer process first or establishes that the Designating Party is 16 unwilling to participate in the meet and confer process in a timely manner. 17 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 18 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 19 Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the 20 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process 21 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 22 competent declaration affirming that the movant has complied with the meet and confer 23 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 24 motion including the required declaration within 21 days (or 14 days, if applicable) shall 25 automatically waive the confidentiality designation for each challenged designation. In addition, the 26 Challenging Party may file a motion challenging a confidentiality designation at any time if there is 27 good cause for doing so, including a challenge to the designation of a deposition transcript or any 28 portions thereof. Any motion brought pursuant to this provision must be accompanied by a 8 1 competent declaration affirming that the movant has complied with the meet and confer 2 requirements imposed by the preceding paragraph. 3 The burden of persuasion in any such challenge proceeding shall be on the Designating 4 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 5 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 6 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 7 retain confidentiality as described above, all parties shall continue to afford the material in question 8 the level of protection to which it is entitled under the Producing Party’s designation until the court 9 rules on the challenge. 10 11 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 12 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 13 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 14 the categories of persons and under the conditions described in this Order. When the litigation has 15 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). 17 18 19 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 by 20 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 21 information or item designated “CONFIDENTIAL” only to: 22 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 23 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 24 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 25 attached hereto as Exhibit A; 26 (b) the officers, directors, and employees (including House Counsel) of the Receiving 27 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 28 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 1 2 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 3 to Be Bound” (Exhibit A); 4 (d) the court and its personnel; 5 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 6 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses in the action to whom disclosure is reasonably 8 9 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 10 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 11 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 12 bound by the court reporter and may not be disclosed to anyone except as permitted under this 13 Stipulated Protective Order. (g) the author or recipient of a document containing the information or a custodian or 14 15 other person who otherwise possessed or knew the information. 16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 17 LITIGATION 18 If a Party is served with a subpoena or a court order issued in other litigation that compels 19 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party 20 must: 21 22 23 (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 issue in the 24 other litigation that some or all of the material covered by the subpoena or order is subject to this 25 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 26 27 28 (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 subpoena 10 1 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 2 before a determination by the court from which the subpoena or order issued, unless the Party has 3 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 4 expense of seeking protection in that court of its confidential material – and nothing in these 5 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 6 disobey a lawful directive from another court. 7 9. 8 9 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 10 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 11 connection with this litigation is protected by the remedies and relief provided by this Order. 12 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 13 protections. 14 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 15 Party’s confidential information in its possession, and the Party is subject to an agreement with the 16 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 17 18 19 (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 20 this litigation, the relevant discovery request(s), and a reasonably specific description of the 21 information requested; and 22 (3) make the information requested available for inspection by the Non-Party. 23 (c) If the Non-Party fails to object or seek a protective order from this court within 14 24 days of receiving the notice and accompanying information, the Receiving Party may produce the 25 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 26 seeks a protective order, the Receiving Party shall not produce any information in its possession or 27 control that is subject to the confidentiality agreement with the Non-Party before a determination by 28 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 11 1 seeking protection in this court of its Protected Material. 2 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 3 4 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 5 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 6 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 7 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 8 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 9 Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 11 MATERIAL 12 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 13 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 14 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 15 modify whatever procedure may be established in an e-discovery order that provides for production 16 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 17 parties reach an agreement on the effect of disclosure of a communication or information covered by 18 the attorney-client privilege or work product protection, the parties may incorporate their agreement 19 in the stipulated protective order submitted to the court. 20 12. 21 22 23 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. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 24 no Party waives any right it otherwise would have to object to disclosing or producing any 25 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 26 Party waives any right to object on any ground to use in evidence of any of the material covered by 27 this Protective Order. 28 12.3 Filing Protected Material. Without written permission from the Designating Party or a 12 1 court order secured after appropriate notice to all interested persons, a Party may not file in the 2 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 3 Material must comply with Civil Local Rule 79-5 141. Protected Material may only be filed under 4 seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. 5 Pursuant to Civil Local Rule 79-5 141, a sealing order will issue only upon a request establishing 6 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to 7 protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant 8 to Civil Local Rule 79-5 141 is denied by the court, then the Receiving Party may file the 9 information in the public record pursuant to Civil Local Rule 79-5 141 unless otherwise instructed 10 by the court. 11 13. FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each 12 13 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 14 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 15 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 16 the Protected Material is returned or destroyed, the Receiving Party must submit a written 17 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 18 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 19 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 20 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected 21 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 22 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 23 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 24 and expert work product, even if such materials contain Protected Material. Any such archival copies 25 /// 26 /// 27 /// 28 13 1 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 2 Section 4 (DURATION). 3 4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 5 6 7 DATED: _____11/16/2022_________ ___/s/ Michael McLachlan (as authorized on 11/16/2022)_ Attorney for Plaintiff 8 9 10 11 12 DATED: _______11/16/2022________ _____/s/ Anthony Tartaglio_____________________ Attorney for Defendant IT IS SO ORDERED. Dated: November 18, 2022 ___________________ _ UNITED STATES MAGISTRATE JUDGE 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 Eastern District of California on [date] in the case of Correa v. Dunne, 1:22-cv-00872-JLT-CDB. I 7 agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 8 understand and acknowledge that failure to so comply could expose me to sanctions and punishment 9 in the nature of contempt. I solemnly promise that I will not disclose in any manner any information 10 or item that is subject to this Stipulated Protective Order to any person or entity except in strict 11 compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 13 Northern Eastern District of California for the purpose of enforcing the terms of this Stipulated 14 Protective Order, even 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

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