Darren Gilbert v. Cuevas et al
ORDER DENYING 7 Joint Stipulation for Protection of Documents without Prejudice signed by Magistrate Judge Barbara A. McAuliffe on 11/18/2022. (Sant Agata, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MARICELA CUEVAS dba EL
MARINERO; JESSICA ELIZABETH
Case No. 1:22-cv-01130-ADA-BAM
ORDER DENYING JOINT STIPULATION
FOR PROTECTION OF DOCUMENTS
On November 17, 2022, the parties filed a joint stipulation for protection of documents.
(Doc. 7.) However, the stipulation suffers from several defects. First, the stipulation includes
boilerplate language inapplicable to this Americans with Disabilities Act case, such as reference
to putative class members, personnel records and time records. (Id. at ¶ 1.)
Second, the stipulation requires compliance with the California Rules of Court for sealing
documents. (Id. at ¶ 8.) The California Rules of Court do not apply. Rather, the procedure for
sealing of documents is governed by Local Rule 141.
Third, the stipulation refers to objections to discovery pursuant to the California Code of
Civil Procedure. (Id. at ¶ 11.b.) The California Code of Civil Procedure does not apply.
Discovery in this action is governed by the Federal Rules of Civil Procedure.
Finally, it is unclear if the parties’ stipulation is intended to be a private agreement
between or among the parties or a request for protective order. (See id. at ¶ 11 [“Any Party may
apply to the Court for a Protective Order to be entered consistent with the terms of this Joint
Stipulation.”].) Local Rule 141.1 sets forth the mechanics of obtaining a protective order in this
Court. L.R. 141.1(b).
For these reasons, the Court declines to adopt the parties’ stipulation for protection of
documents without prejudice. (Doc. 7.) The parties may file a modified proposed stipulated
protective order that addresses the requirements of Local Rule 141.1 and the defects herein
IT IS SO ORDERED.
November 18, 2022
UNITED STATES MAGISTRATE JUDGE
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