Clinton v. California Department of Corrections et al

Filing 653

PROTECTIVE ORDER regarding Discovery Matter signed by Magistrate Judge Dennis M. Cota on 04/08/20. (See order for further details.)(Plummer, M)

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K&L GATES LLP
10100 Santa Monica Boulevard
Eighth Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: 310.552.5001
Christina N. Goodrich (SBN 261722)
[e-mail]
Saman M. Rejali (SBN 274517)
[e-mail]
Heather L. Frisch (SBN 294940)
[e-mail]
Armando V. Arballo (SBN 324554)
[e-mail]

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Attorneys for Plaintiff Thomas Clinton

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS CLINTON, an individual,

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Case No.: 2:05-CV-01600-JAM-DMC

Plaintiff,

PROTECTIVE ORDER

v.

DISCOVERY MATTER

Cooper, an individual,
Dixon, an individual
R. SHERER, an individual,
Defendant.

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[PROPOSED] PROTECTIVE ORDER

IT IS HEREBY ORDERED that the following Protective Order be entered in this Action:

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1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of

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confidential, sensitive, propriety, security sensitive, or private information for which special

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protection from public disclosure and from use for any purpose other than prosecuting this litigation

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may be warranted. Accordingly, the Parties hereby stipulate to and petition the court to enter the

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following Stipulated Protective Order. The Parties acknowledge that this Order does not confer

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blanket protections on all disclosures or responses to discovery and that the protection it affords

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from public disclosure and use extends only to the limited information or items that are entitled to

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confidential treatment under the applicable legal principles. The Parties further acknowledge, as set

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forth in Section 12.3 below, that this Stipulated Protective Order does not automatically entitle them

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to file confidential information under seal.

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2.

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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 designated as

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“CONFIDENTIAL” (regardless of how it is generated, stored, or maintained) shall mean and

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include any document, thing, deposition testimony, interrogatory answers, responses to requests for

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admissions and requests for production, disclosures pursuant to Federal Rule of Civil Procedure 26,

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or other information provided in discovery or settlement communications and negotiations in this

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Action, which contains information that is non-public, confidential, and/or sensitive.

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Certain limited types of “CONFIDENTIAL” information may be further designated, as
defined and detailed below, as “Confidential Attorneys’ Eyes Only Information.”
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:

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extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or

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Non-Party would create a substantial risk of harm that could not be avoided by less restrictive

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means. This type of information and items include, for example, Plaintiff’s or third parties’ highly

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[PROPOSED] PROTECTIVE ORDER

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sensitive and private confidential prison files and associated personal legal, medical, or other

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personal information, or other highly sensitive financial or personal information.
Highly Confidential information may concern or relate to the processes, operations,

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investigations, or other information relating to the California Department of Corrections and

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Rehabilitation, disclosure of which may have the effect of causing harm to the safety and security of

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law enforcement officers, the public, or Defendants. Highly Confidential information also concerns

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or relates to the personal information of any Defendant, including but not limited to home address,

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social security number, telephone number, email address, names or identifying information of family

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members, the disclosure of which places the safety any Defendant, whom are each former peace

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officers, and their family members at risk. Highly Confidential information also includes all

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personal identifying information of any current or former California Department of Corrections

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employee, and any third party entitled to confidential protection of personal identifying information

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under California and/or applicable federal law. Defendants reserve the right to redact such personal

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identifying information from any document.
2.3

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Counsel: Outside Counsel of Record and House Counsel (as well as their support

2.4

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Designating Party: a Party or Non-Party that designates information or items that it

staff).

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produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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2.5

Disclosure or Discovery Material: all items or information, regardless of the medium

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or manner in which it is generated, stored, or maintained (including, among other things, testimony,

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transcripts, and tangible things), that are produced or generated in disclosures or responses to

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discovery in this matter.

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2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to the

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litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a

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consultant in this action.

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2.7

House Counsel: attorneys who are, or were, employers of a party to this action.

House Counsel does not include Outside Counsel of Record or any other outside counsel.

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[PROPOSED] PROTECTIVE ORDER

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2.8

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Counsel, and Outside Counsel of record (and their support staffs).

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Party: any party to this action, including consultants, retained experts, House

Non-Party: any natural person, partnership, corporation, association, or other entity

not named as a party to this action.
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Outside Counsel of Record: attorneys who are not employees of a party to this action

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but are retained to represent or advise a party to this action and have appeared in this action on

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behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
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Producing Party: a Party or Non-Party that produces or provides Disclosure or

Discovery Material in this action.
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Professional Vendors: persons or entities that provide litigation support services (e.g.,

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photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

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storing, or retrieving data in any form or medium) and their employees and subcontractors.
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Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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Receiving Party: a Party that receives Disclosure or Discovery Material from a

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Producing Party.

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3.

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SCOPE
The protections conferred by this Stipulation and Order cover not only Protected Material (as

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defined above), but also (1) any information copied or extracted from Protected Material; (2) all

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copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,

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conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

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However, the protections conferred by this Stipulation and Order do not cover the following

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information: (a) any information that is in the public domain at the time of disclosure to a Receiving

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Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of

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publication not involving a violation of this Order, including becoming part of the public record

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through trial or otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

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[PROPOSED] PROTECTIVE ORDER

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information lawfully and under no obligation of confidentiality to the Designating Party. Any use of

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Protected Material at trial shall be governed by a separate agreement or order.

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4.

DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this action, with or without prejudice; and (2) final judgment herein after the completion

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the

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time limits for filing any motions or applications for extension of time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or

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Non-Party that designates information or items for protection under this Order must take care to

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limit any such designation to specific material that qualifies under the appropriate standards. The

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Designating Party must designate for protection only those parts of material, documents, items, or

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communications that qualify – so that other portions of the material, documents, items, or

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communications for which protection is not warranted are not swept unjustifiably within the ambit of

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this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown

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to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily

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encumber or retard the case development process or to impose unnecessary expenses and burdens on

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other parties) expose the Designating Party to sanctions.

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If it comes to a Designating Party’s attention that information or items that it designated for

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protection do not qualify for protection, or do not qualify for the level of protection initially

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asserted, that Designating Party must promptly notify all other parties that it is withdrawing the

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inapplicable designation.

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5.2

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

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[PROPOSED] PROTECTIVE ORDER

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Discovery Material that qualifies for protection under this Order must be clearly so designated

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before the material is disclosed or produced. Designation in conformity with this Order requires:

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(a) for information in documentary form (e.g., paper or electronic documents, but excluding

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transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

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affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” to each page that contains protected material. In addition to the legend, all personally

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identifying information other than a person’s last name with first initial, and position, will be

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redacted. If only a portion or portions of the material on a page qualifies for protection, the

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Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate

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markings in the margins) and must specify, for each portion, the level of protection being asserted.
If only a portion or portions of the material on a page qualifies for protection, the Producing

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Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

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margins) and must specify, for each portion, the level of protection being asserted.

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(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

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Designating Party identify on the record, before the close of the deposition, hearing, or other

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proceeding, all protected testimony and specify the level of protection being asserted. When it is

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impractical to identify separately each portion of testimony that is entitled to protection or it appears

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that substantial portions of the testimony may qualify for protection, the Designating Party may

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invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right to

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have up to 21 days from the date the deposition transcript is received by counsel for the Designating

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Party to identify the specific portions of the testimony as to which protection is sought and to specify

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the level of protection being asserted. Only those portions of the testimony that are appropriately

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designated for protection within the 21 days from the date the deposition transcript is received by

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counsel for the Designating Party shall be covered by the provisions of this Stipulated Protective

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Order. Alternatively, a Designating Party may specify, at the deposition or up to 21 days from the

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date the deposition transcript is received by counsel for the Designating Party if that period is

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properly invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Parties shall give the other parties notice if

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[PROPOSED] PROTECTIVE ORDER

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they reasonably expect a deposition, hearing or other proceeding to include Protected Material so

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that the other parties can ensure that only authorized individuals who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those proceedings. The

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use of a document as an exhibit at a deposition shall not in any way affect its designation as

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
Transcripts containing Protected Material shall have an obvious legend on the title page that

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the transcript contains Protected Material, and the title page shall be followed by a list of all pages

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(including line numbers as appropriate) that have been designated as Protected Material and the level

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of protection being asserted by the Designating Party. The Designating Party shall inform the court

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reporter of these requirements.
(c) for information produced in some form other than documentary and for any other tangible

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items, that the Producing Party affix in a prominent place on the exterior of the container or

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containers in which the information or item is stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the information

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or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s) and specify the level of protection being asserted.
5.3

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Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

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designate qualified information or items does not, standing alone, waive the Designating Party’s

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right to secure protection under this Order for such material. Upon timely correction of a

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designation, the Receiving Party must make reasonable efforts to assure that the material is treated in

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accordance with the provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

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confidentiality at any time that is consistent with the court’s scheduling order. Unless a prompt

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challenge to a Designating Party’s confidentiality designation is necessary to avoid foreseeable,

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substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the

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litigation, a Party does not waive its right to challenge a confidentiality designation by electing not to

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mount a challenge promptly after the original designation is disclosed.

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[PROPOSED] PROTECTIVE ORDER

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution process

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by providing written notice of each designation it is challenging and describing the basis for each

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challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must

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recite that the challenge to confidentiality is being made in accordance with this specific paragraph

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of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must

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begin the process by conferring directly (in voice to voice dialogue; other forms of communication

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are not sufficient) within 14 days of the date of service of notice, or within 10 days if it is the

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electronic service of discovery. In conferring, the Challenging Party must explain the basis for its

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belief that the confidentiality designation was not proper and must give the Designating Party an

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opportunity to review the designated material, to reconsider the circumstances, and, if no change in

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designation is offered, to explain the basis for the chosen designation. A Challenging Party may

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proceed to the next stage of the challenge process only if it has engaged in this meet and confer

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process first or establishes that the Designating Party is unwilling to participate in the meet and

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confer process in a timely manner.

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6.3

Informal Judicial Intervention: If the Parties cannot resolve a challenge without court

intervention,
(a) the Parties may stipulate to an Informal Telephonic Conference whereby Judge
Cota will resolve discovery disputes outside the formal Local Rule 251 procedures.
(b) after obtaining the available dates and times from the courtroom deputy and

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agreeing upon a date and time with opposing counsel, confirm with the courtroom deputy when the

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parties will be calling in. All parties must appear telephonically.

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(c) at least 48 hours before the conference, the parties shall email chambers a two-page

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synopsis of their dispute in a letter or memo format (no exhibits or attachments). Email

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[e-mail].

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6.4

Formal Judicial Intervention: If the Parties cannot resolve a challenge during the

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Informal Telephonic Conference, or if they do not so stipulate, the Designating Party shall file and

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serve a motion to retain confidentiality under Civil Local Rule 251 (and in compliance with Civil

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Local Rule 141, if applicable) within 21 days of the Informal Telephonic Conference, if the Parties

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[PROPOSED] PROTECTIVE ORDER

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so stipulate, or within 14 days of the parties agreeing that the meet and confer process will not

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resolve their dispute, if the Parties do not stipulate to the Informal Telephonic Conference. Each

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such motion must be accompanied by a competent declaration affirming that the movant has

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complied with the meet and confer requirements imposed in Paragraph 6.2. The joint statement re

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discovery disagreement under Rule 251(a) shall be filed seven (7) days before the scheduled hearing

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date (i.e., the Friday before the customary Friday hearing). Any motion will be dropped from

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calendar if the statement is not timely filed, and courtesy copies of all motion-related documents,

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including the 251 statement, declarations, and exhibits (see section 1(d) above), are not delivered to

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the Clerk’s Office by 9:00 a.m. on the fourth (4th) day (Monday) prior to the hearing (customarily

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on Friday).

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Failure by the Designating Party to make such a motion including the required declaration

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within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality designation

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for each challenged designation. In addition, the Challenging Party may file a motion challenging a

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confidentiality designation at any time if there is good cause for doing so, including a challenge to

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the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to

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this provision must be accompanied by a competent declaration affirming that the movant has

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complied with the meet and confer requirements imposed by the preceding paragraph.

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The burden of persuasion in any such challenge proceeding shall be on the Designating

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Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

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unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived the confidentiality designation by failing to file a motion to

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retain confidentiality as described above, all parties shall continue to afford the material in question

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the level of protection to which it is entitled under the Producing Party’s designation until the court

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rules on the challenge.

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7.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

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[PROPOSED] PROTECTIVE ORDER

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the categories of persons and under the conditions described in this Order. When the litigation has

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been terminated, a Receiving Party must comply with the provisions of Section 13 below (FINAL

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DISPOSITION).

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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” or HIGHLY CONFIDENTIAL – ATTORNEY’S

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EYES ONLY Information or Items. Unless otherwise ordered by the court or permitted in writing by

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the Designating Party, a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:

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(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of
said Outside Counsel of Record;
(b) the officers, directors, and employees of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A);

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(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A);

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(d) the court and its personnel;

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(e) court reporters and their staff, professional jury or trial consultants, and Professional

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Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A);

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(f) during their depositions, witnesses in the action to whom disclosure is reasonably

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necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),

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unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal Protected Material must be separately

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bound by the court reporter and may not be disclosed to anyone except as permitted under this

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Stipulated Protective Order.

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[PROPOSED] PROTECTIVE ORDER

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(g) the author or recipient of a document containing the information or a custodian or other

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person who otherwise possessed or knew the information, including if such author or recipient is a

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deponent, even if such deponent does not sign Exhibit A.

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LITIGATION:

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

If a Party is served with a subpoena or a court order issued in other litigation that compels

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disclosure of any information or items designated in this action as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall include a copy of

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the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to issue in the

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other litigation that some or all of the material covered by the subpoena or order is subject to this

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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

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Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order, the Party served with the subpoena

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or court order shall not produce any information designated in this action as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court

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from which the subpoena or order issued, unless the Party has obtained the Designating Party’s

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permission. The Designating Party shall bear the burden and expense of seeking protection in that

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court of its confidential material – and nothing in these provisions should be construed as

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authorizing or encouraging a Receiving Party in this action to disobey a lawful subpoena or directive

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from another court.

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9.

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LITIGATION:

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

(a)

The terms of this Order are applicable to information produced by a Non-Party in this

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action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is

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[PROPOSED] PROTECTIVE ORDER

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protected by the remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.
(b)

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In the event that a Party is required, by a valid discovery request, to produce a Non-

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Party’s confidential information in its possession, and the Party is subject to an agreement with the

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Non-Party not to produce the Non-Party’s confidential information, then the Party shall; and
1.

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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;

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2.

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promptly provide the Non-Party with a copy of the Stipulated Protective

Order in this litigation, the relevant discovery request(s), and a reasonably specific

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description of the information requested; and

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3.

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(c)

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make the information requested available for inspection by the Non-Party.

If the Non-Party fails to object or seek a protective order from this court within 14

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days of receiving the notice and accompanying information, the Receiving Party may produce the

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Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

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seeks a protective order, the Receiving Party shall not produce any information in its possession or

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control that is subject to the confidentiality agreement with the Non-Party before a determination by

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the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of

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seeking protection in this court of its Protected Material. Nothing in this provision shall prohibit a

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party from seeking a court order to enable it to produce a Non-Party’s confidential information in

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order to confirm it is not breaching a contract.

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10.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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Material to any person or in any circumstance not authorized under this Stipulated Protective Order,

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the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized

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disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to

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Be Bound” that is attached hereto as Exhibit A.

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[PROPOSED] PROTECTIVE ORDER

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11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

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MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

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material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties

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are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to

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modify whatever procedure may be established in an e-discovery order that provides for production

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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the

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parties reach an agreement on the effect of disclosure of a communication or information covered by

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the attorney-client privilege or work product protection, the parties may incorporate their agreement

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in the stipulated protective order submitted to the court.

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12.

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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

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no Party waives any right it otherwise would have to object to disclosing or producing any

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information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

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Party waives any right to object on any ground to use in evidence of any of the material covered by

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this Protective Order.

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12.3

Filing Protected Material. Without written permission from the Designating Party or a

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court order secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material. A Party that seeks to file under seal any Protected

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Material must comply with all applicable Local Rules for the Eastern District of California.

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Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of

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the specific Protected Material at issue.

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12.4

Court and Court Personnel. The Court and its personnel are not subject to this Order

and are not required to sign Exhibit A.
12.5

Disclosure Prior to Entry of this Order. If a Party decides to produce information or

documents subject to this Order before the Court has signed this Order, the Party may nonetheless

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[PROPOSED] PROTECTIVE ORDER

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designate such information or documents pursuant to this Order as if it had already been entered and,

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once the Order is executed, it will be deemed retroactive to the date of the Party’s production of such

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information or documents.

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13.

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FINAL DISPOSITION
Within 60 days after the final disposition of this action, as defined in Paragraph 4, each

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Receiving Party must return all Protected Material to the Producing Party or destroy such material.

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As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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summaries, and any other format reproducing or capturing any of the Protected Material. Whether

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the Protected Material is returned or destroyed, the Receiving Party must submit a written

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certification to the Producing Party (and, if not the same person or entity, to the Designating Party)

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by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected Material

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that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected

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Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

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pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant

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and expert work product, even if such materials contain Protected Material. Any such archival copies

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that contain or constitute Protected Material remain subject to this Protective Order as set forth in

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Paragraph 4.

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IT IS SO STIPULATED BY AND THROUGH COUNSEL OF RECORD.
Dated: April 6, 2020

K&L GATES LLP

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By: /s/Armando V. Arballo_______
ARMANDO V. ARBALLO
Attorneys for Plaintiff T. Clinton

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[PROPOSED] PROTECTIVE ORDER

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Dated: April 6, 2020

XAVIER BECERRA
Attorney General of California
R. LAWRENCE BRAGG
Supervising Deputy Attorney General

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/s/ Kelli M. Hammond
KELLI M. HAMMOND
Deputy Attorney General
Attorneys for Defendants
Sherer, Dixon, and Cooper

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IT IS SO ORDERED.

Dated: April 8, 2020
__________________________________
__
DENNIS M. COTA
UNITED STATES MAGISTRATE
JUDGE

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[PROPOSED] PROTECTIVE ORDER

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EXHIBIT A

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND

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I, _____________________________ [print or type full name], of _________________

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[print or type full address], declare under penalty of perjury that I have read in its entirety and

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understand the Stipulated Protective Order that was issued by the United States District Court for the

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Eastern District of California on __________ in the case of ___________ [insert formal name of

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the case and the number and initials assigned to it by the court]. I agree to comply with and to be

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bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that

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failure to so comply could expose me to sanctions and punishment in the nature of contempt. I

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solemnly promise that I will not disclose in any manner any information or item that is subject to this

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Stipulated Protective Order to any person or entity except in strict compliance with the provisions of

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this Order.

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I further agree to submit to the jurisdiction of the United States District Court for the Eastern

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District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even

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if such enforcement proceedings occur after termination of this action.

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I hereby appoint __________________________ [print or type full name] of

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__________________________________ [print or type full address and telephone number] as my

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California agent for service of process in connection with this action or any proceedings related to

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enforcement of this Stipulated Protective Order.

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Date: _________________________________

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City and State where sworn and signed: _________________________________

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Printed name: ______________________________
[printed name]
Signature: __________________________________
[signature]

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[PROPOSED] PROTECTIVE ORDER