Cordero v. Guzman et al
Filing
153
STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/17. (Kaminski, H)
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LATHAM & WATKINS LLP
Kala Sherman-Presser (CA Bar No. 302591)
kala.sherman-presser@lw.com
Meryn C. N. Grant (CA Bar No. 291315)
meryn.grant@lw.com
Tyler P. Young (CA Bar No. 291041)
tyler.young@lw.com
Christopher J. Soper (CA Bar No. 307500)
chris.soper@lw.com
Caroline N. Esser (CA Bar No. 307745)
caroline.esser@lw.com
505 Montgomery Street, Suite 2000
San Francisco, California 94111
Telephone: (415) 391-0600
Facsimile: (415) 395-8095
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Attorneys for Plaintiff Randy M. Cordero
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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RANDY M. CORDERO,
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Plaintiff,
Case No. 2:13-cv-01551 JAM KJN
STIPULATION AND PROTECTIVE ORDER
v.
NICK GUZMAN, et al.
Defendant.
Trial Date: July 24, 2017
Action Filed: July 16, 2013
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ATTORNEYS AT LAW
SAN FRANCISCO
STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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Good cause appearing, and in conformance with the parties’ agreement:
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IT IS HEREBY ORDERED that this Protective Order pursuant to Rule 26(c) of the
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Federal Rules of Civil Procedure be, and is hereby, entered.
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This Protective Order shall be applicable to and govern all depositions, documents
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produced in response to requests for production of documents, documents produced in response
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to subpoenas served on third parties, and all other discovery taken pursuant to the Federal Rules
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of Civil Procedure, and other information hereafter furnished, directly or indirectly, by or on
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behalf of any party or nonparty in connection with this action which any party or nonparty
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(whether or not it furnished the materials or information) designates as “CONFIDENTIAL,”
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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL –
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ATTORNEY’S EYES ONLY.”
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a.
The designation of “CONFIDENTIAL” is intended to encompass
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materials and information of whatsoever nature that the designating party or nonparty in good
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faith believes compromise information that is not generally known and which the party or
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nonparty would normally not reveal to third parties or would cause third parties to maintain in
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confidence, including, without limitation, documents protected by any qualified privileges.
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b.
A party or nonparty may also designate their discovery materials and
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information provided in this litigation as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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when that party or nonparty has a good faith belief that such materials and information are
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particularly sensitive and therefore require a heightened level of protection.
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c.
A party or nonparty may also designate their discovery materials and
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information provided in this litigation as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY” when that party or nonparty has a good faith belief that such materials and information
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are particularly sensitive and therefore require the utmost level of protection.
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2.
Materials and information governed by this Protective Order shall be used by any
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recipients solely for the purpose of conducting this litigation, and not for any other purpose
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whatsoever, and such information shall not be disclosed to anyone except as provided herein.
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ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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3.
Any information or materials produced by any party or nonparty as part of
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discovery in this action may be designated by that party or nonparty pursuant to Paragraphs 4
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through 8 of this Protective Order.
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4.
The designation of information or materials for purposes of this Protective Order
shall be made in the following manner by the party or nonparty seeking protection:
a.
In the case of documents, exhibits, briefs, memoranda, or other materials
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(apart from depositions or other pretrial and trial testimony): by affixing a plainly visible
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confidentiality designation legend to: (i) the first page and each page containing any confidential
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information or materials; or (ii) physically on the outside of any media for storing electronic
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documents, if produced in native format, at the time such documents are produced or such
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information is disclosed, or as soon thereafter as the party or nonparty seeking protection
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becomes aware of the confidential nature of the information or materials disclosed and sought to
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be protected hereunder. The term “document,” as used in this Protective Order, shall have the
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broadest meaning permissible under the Federal Rules of Civil Procedure and shall include,
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without limitation, all “documents and electronically stored information” as defined in Rule 34
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of the Federal Rules of Civil Procedure, all “writings,” “recordings,” and “photographs” as
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defined in Rule 1001 of the Federal Rules of Evidence, and any information stored in or through
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any computer system or other electronic or optical data storage device.
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b.
In the case of depositions or other pretrial testimony: (i) by a statement on
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the record, by counsel, during such deposition or other pretrial proceeding that the entire
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transcript or a portion thereof shall be designated hereunder; or (ii) by written notice of such
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designation sent by counsel to all parties within five (5) court days after the deposition. (For the
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elimination of doubt, email notification constitutes written notification under this Protective
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Order.) The parties shall treat all deposition and other pretrial testimony as “CONFIDENTIAL”
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under this Protective Order until the expiration of five (5) court days after the deposition. Unless
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designated as confidential pursuant to this Protective Order, any confidentiality is waived after
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the expiration of the 5-day period unless otherwise stipulated or ordered. The parties may modify
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this procedure for any particular deposition or proceeding through agreement on the record at
ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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such deposition or proceeding or otherwise by written stipulation, without approval of the Court.
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If the contents of any document or information designated under this Protective Order are
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referenced during the course of a deposition, that portion of the deposition record reflecting such
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confidential information shall also be treated, without the need for additional designation, with
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the same confidential protection as that document or information.
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c.
A party or nonparty furnishing documents and things to parties shall have
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the option to require that all or batches of documents and things be treated as confidential during
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inspection and to make its designations of particular documents and things at the time copies of
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documents and things are produced or furnished.
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5.
Information or materials designated as “CONFIDENTIAL” under this Protective
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Order, or copies or extracts therefrom and compilations thereof, may be disclosed, described,
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characterized, or otherwise communicated or made available in whole or in part only to the
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following persons:
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a.
Any party to the litigation.
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b.
Counsel of record in this litigation and staff and supporting personnel of
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such attorneys, such as paralegals, secretaries, stenographic and clerical employees and
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contractors, and outside copying, imaging and presentation services, who are working on this
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litigation under the direction of such attorneys and to whom it is necessary that the materials be
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disclosed for purposes of this litigation.
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c.
Subject to Paragraphs 8 and 9 herein, persons who are expressly retained
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or sought to be retained by a party or parties as consultants or testifying experts; provided that
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the disclosure of such material to any persons under this subparagraph shall only be to the extent
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necessary to perform their work in connection with this litigation.
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d.
Subject to Paragraph 9 herein, any person of whom testimony is taken, or
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is scheduled to be taken, in this action. No individual who is shown confidential information or
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materials or testimony pursuant to this subsection shall be permitted to retain or keep copies of
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the confidential material or testimony shown under any circumstances.
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ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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e.
f.
Subject to Paragraph 9 herein, court reporters, interpreters, and
Court.
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The Court and Court personnel under seal if filed or lodged with the
videographers employed in connection with this action.
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Information or materials designated as “CONFIDENTIAL – ATTORNEYS’
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EYES ONLY” under this Protective Order, or copies or extracts therefrom and compilations
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thereof, may be disclosed, described, characterized, or otherwise communicated or made
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available in whole or in part only to the following persons:
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a.
Counsel of record in this litigation and staff and supporting personnel of
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such attorneys, such as paralegals, secretaries, stenographic and clerical employees and
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contractors, and outside copying, imaging and presentation services, who are working on this
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litigation under the direction of such attorneys and to whom it is necessary that the materials be
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disclosed for purposes of this litigation.
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b.
Subject to Paragraph 8 and 9 herein, persons who are expressly retained or
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sought to be retained by a party or parties as consultants or testifying experts; provided that the
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disclosure of “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or materials to
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any persons under this subparagraph shall only be to the extent necessary to perform their work
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on this litigation.
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c.
The Court and Court personnel under seal if filed or lodged with the
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Subject to Paragraph 9 herein, court reporters, interpreters, and
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Court.
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videographers employed in connection with this action.
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e.
Any party to this action only if the information or materials designated as
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” are introduced as exhibits at trial.
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Information or materials designated as “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY” under this Protective Order, or copies or extracts therefrom and
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compilations thereof, may be disclosed, described, characterized, or otherwise communicated or
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made available in whole or in part only to the following persons:
ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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a.
Counsel of record in this litigation and staff and supporting personnel of
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such attorneys, such as paralegals, secretaries, stenographic and clerical employees and
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contractors, and outside copying, imaging and presentation services, who are working on this
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litigation under the direction of such attorneys and to whom it is necessary that the materials be
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disclosed for purposes of this litigation.
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b.
Subject to Paragraphs 8 and 9 herein, persons who are expressly retained
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or sought to be retained by a party or parties as consultants or testifying experts; provided that
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the disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information or
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materials to any persons under this subparagraph shall only be to the extent necessary to perform
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their work on this litigation.
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c.
d.
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Subject to Paragraph 9 herein, court reporters, interpreters, and
Court.
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The Court and Court personnel under seal if filed or lodged with the
videographers employed in connection with this action.
Any document designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY” may not be used as an exhibit at any hearing or trial or in a motion filed in the above-
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captioned litigation. While this restriction on use at a hearing or trial or in a motion shall apply
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to documents designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” it shall
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not apply to relevant information or material contained in such documents designated as
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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that is pertinent and necessary to
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the litigation.
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8.
For the purposes of this Protective Order, a consultant or expert shall be restricted
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to a person who is retained or employed as a bona fide consultant or expert for purposes of this
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litigation, whether full or part time, by or at the direction of counsel for a party.
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9.
Each person identified above in the subparts to Paragraphs 5, 6, 7 and 8 who is
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not (i) counsel for a party (or staff or supporting personnel of counsel for a party, as defined in
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subparagraphs 5(a) and 6(a)) or (ii) the Court or Court personnel to whom information or
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materials designated under this Protective Order are to be disclosed, shall, prior to receiving such
ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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information or materials, be furnished with a copy of this Protective Order and a copy of the
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Non-Disclosure Agreement attached hereto as Exhibit A-1, which the person shall read and sign.
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Counsel for the party seeking to disclose material designated under this Protective Order to any
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such person pursuant to this paragraph shall be responsible for retaining the executed originals of
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all such Non-Disclosure Agreements. Copies of any such Non-Disclosure Agreements (except
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for those signed by non-testifying experts or consultants who need not be disclosed under Rule
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26) shall be provided to counsel for the designating parties or nonparties upon request at any
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point after both plaintiff’s and defendant’s experts have been disclosed in accordance with Rule
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26. Counsel shall retain copies of Non-Disclosure Agreements signed by all experts and
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consultants they have retained, including non-testifying experts or consultants, for a period of
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two years following the initial conclusion of this action in the district court.
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10.
All information and material designated under this Protective Order shall be kept
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in secure facilities in a manner intended to preserve confidentiality. Access to those facilities
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shall be permitted only to those persons set forth in Paragraphs 5, 6, 7 and 8 above as persons
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properly having access thereto. The recipient of any information or materials designated under
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this Protective Order shall use its best efforts, but at no time less than reasonable efforts under
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the circumstances, to maintain the confidentiality of such information or materials.
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11.
In the event that any information or material designated under this Protective
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Order is used, described, characterized, excerpted, or referenced in, or attached to, any court
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proceeding or submission in connection with this litigation: (i) it shall not lose its confidential
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status through such use; (ii) the parties shall take all steps reasonably required to protect its
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confidentiality during such proceedings; and (iii) the party seeking to disclose any confidential
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information or material shall seek leave of the Court to file such material under seal, otherwise
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no disclosure may be had. Envelopes used to seal such material shall carry the notation:
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“SUBJECT TO PROTECTIVE ORDER – FILED UNDER SEAL” and shall comply with all
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requirements of the Court for filing material under seal. If the material in the envelope contains
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information or materials that have been designated “attorneys’ eyes only,” then the sealed
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envelope shall also be stamped with the notation “CONFIDENTIAL – ATTORNEYS’ EYES
ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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ONLY” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as appropriate.
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Envelopes so marked shall be delivered sealed to the Clerk of the Court and the contents thereof
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shall not be made available for public inspection. Counsel for the designating party shall have the
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opportunity to oppose any request for public inspection.
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12.
A party shall not be obligated to challenge the propriety of the confidentiality
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designation of any material under this Protective Order at the time the designation is made, and
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failure to do so shall not preclude a subsequent challenge thereto. A party or any other person
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objecting to the designation of confidential information shall provide written notice of the
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objection to the designating party, specifying the materials that are the subject of the objection
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and detailed grounds for the objection. Within five (5) business days after such objection, the
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parties and any other objecting person(s) shall confer in good faith in an effect to resolve the
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objections. If such conference does not resolve the objection or does not take place within five
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(5) business days, then the designating person may apply to the Court, by motion, for a ruling
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that material designated by a party as Confidential Information shall be treated as Confidential
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Information. The designating party shall have the burden of demonstrating the propriety of that
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designation. Pending determination by the Court, material designated by a party as confidential
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shall be treated as initially designated and provided in this Order. Failure of the designating party
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to apply for a ruling within ten (10) business days after such conference or after the expiration of
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the conference time frame waives its right to confidentiality for such documents unless this time
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is extended by mutual consent of the parties.
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13.
Nothing in this Protective Order shall prevent disclosure beyond the terms of this
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Protective Order if the party that designated the materials or information consents in writing to
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such disclosure, or if a court orders such disclosure. A party requested to disclose information or
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materials designated under this Protective Order to a nonparty pursuant to a subpoena, civil
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investigative demand, discovery procedure permitted under the Federal Rules of Civil Procedure,
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or other formal discovery request shall object to its production to the extent permitted by
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applicable law and notify the requesting nonparty of the existence of this Protective Order and
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that the information or materials requested by the nonparty has been designated under this
ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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Protective Order, and shall further give notice of such request, by facsimile and next business
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day delivery, upon the party which designated the information or materials as soon as is
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reasonably possible, but in all instances reasonably prior to the date on which such material
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designated under this Protective Order is requested to be produced to the nonparty.
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14.
If a party inadvertently fails to designate information or materials, when
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producing or otherwise disclosing such information or materials, it shall not be deemed a waiver
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in whole or in part of a party’s claim of confidentiality. As soon as the receiving party is
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informed by the producing or designating party that it is designating previously produced
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information or materials as “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES
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ONLY,” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” the information
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must be treated as if it had been timely designated under this Protective Order, and the receiving
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party must endeavor in good faith to obtain all copies of the information or materials that it
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distributed or disclosed to persons not authorized to access such information or materials by
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Paragraphs 5, 6, 7 or 8 above, as well as any copies made by such persons. This provision shall
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not affect the waiver provisions in Paragraph 4(b) above with respect to testimony.
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15.
All counsel for the parties who have access to information or material designated
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under this Protective Order acknowledge they are bound by this Protective Order and submit to
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the jurisdiction of this Court for purposes of enforcing this Protective Order.
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16.
Within sixty (60) days after the final termination of litigation between the parties,
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all information or materials designated under this Protective Order and all copies thereof
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(including summaries and excerpts) shall be either returned to the party that produced it or
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destroyed and a certification of destruction supplied to the producing party.
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shown following notice to all parties and an opportunity for them to be heard.
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This Protective Order may be modified by the Court at any time for good cause
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Both parties reserve the right to further modify this Order upon showing of good
cause.
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ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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IT IS SO STIPULATED.
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Dated: March 7, 2017
Respectfully submitted,
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LATHAM & WATKINS LLP
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By: /s/ Kala Sherman-Presser
Kala Sherman-Presser
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Attorney for Plaintiff
Randy M. Cordero
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Dated: March 7, 2017
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XAVIER BECERRA
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General
By: /s/ Diana Esquivel (as authorized on March 7, 2017)
Diana Esquivel
Deputy Attorney General
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Attorneys for Defendant
Nick Guzman
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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Dated: March 31, 2017
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Cor1551.stip
kc
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ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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EXHIBIT A-1
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NON-DISCLOSURE AGREEMENT
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I,___________________________, do solemnly swear that I have read and am fully
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familiar with the terms of the Stipulation and Protective Order regarding confidentiality of
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discovery documents and information entered in Cordero v. Guzman, Case No. 2:13-cv-01551
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JAM KJN in the United States District Court for the Eastern District of California. I hereby agree
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to comply with and be bound by the terms and conditions of that Protective Order unless and
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until modified by further Order of that Court. I hereby consent to the jurisdiction of that Court
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for the purposes of enforcing that Protective Order.
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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this __day of _________,20__, at ____________________________________.
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Signed:
__________________________________
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Address:
__________________________________
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__________________________________
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ATTORNEYS AT LAW
SAN FRANCISCO
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STIPULATION AND [PROPOSED] PROTECTIVE ORDER
CASE NO. 2:13-CV-01551-JAM-KJN
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