Advanced Building & Fabrication, Inc., et al. v. California Highway Patrol, et al.

Filing 85

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/4/2017. (Michel, G.)

1 NOSSAMAN LLP
Brendan F. Macaulay (SBN 162313)
2 [e-mail]
Jill Jaffe (SBN 286625)
3 [e-mail]
50 California Street, 34th Floor
4 San Francisco, CA 94111
Telephone: [phone]
5
Facsimile: 415.398.2438
6
Attorneys for Plaintiffs Robert Honan and
7 Advanced Building & Fabrication, Inc.
8
9
10
11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
ADVANCED BUILDING & FABRICATION,
14 INC., a California Corporation, ROBERT
HONAN, an individual,
15
Plaintiffs,
16
vs.
17
CALIFORNIA HIGHWAY PATROL, JOHN
18 WILSON, an individual, CURTIS J. AYERS,
an individual, and DOES 1 TO 20, inclusive,
19
Defendants.
20

Case No: 2:13-cv-02380-MCE-CKD
STIPULATED PROTECTIVE ORDER
Action filed: Sept. 27, 2013

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STIPULATED PROTECTIVE ORDER

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STIPULATED PROTECTIVE ORDER
Plaintiffs Advanced Building & Fabrication and Robert Lee Honan (“Plaintiffs”)

2

3 and Defendants California Highway Patrol, John Wilson and Curtis J. Ayers
4 (“Defendants”) have agreed to the provisions of the following Stipulated Protective
5 Order.
6 1.

PURPOSES AND LIMITATIONS

7

Discovery in this action will involve production of confidential proprietary or

8 financial information for which special protection from public disclosure and from use for
9 any purpose other than prosecuting this litigation may be warranted. Accordingly, the
10 parties hereby stipulate to and petition the Court to enter the following Stipulated
11 Protective Order. The parties acknowledge that this Order does not confer blanket
12 protections on all disclosures or responses to discovery and that the protection it affords
13 from public disclosure and use extends only to the limited information or items that are
14 entitled to confidential treatment under the applicable legal principles. The parties further
15 acknowledge that this Stipulated Protective Order does not entitle them to file
16 confidential information under seal; Local Rule 141 sets forth the procedures that must
17 be followed and the standards that will be applied when a party seeks permission from
18 the court to file material under seal.
19 2.

GOOD CAUSE STATEMENT

20

This action involves confidential financial information for which special protection

21 from public disclosure and from use for any purpose other than prosecution of this
22 action is warranted. Such confidential information consist of, among other things,
23 confidential business or financial information, information used to prepare tax returns,
24 third-party customer information, information otherwise generally unavailable to the
25 public, or which may be privileged or otherwise protected from disclosure under state or
26 federal statutes, court rules, case decisions, or common law. In particular, certain
27 financial information related to Robert Honan and/or Advanced Building & Fabrication,
28 Inc. may be disclosed in the course of this litigation. Special protection is necessary for
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1 such information to ensure that it is not used for an improper purpose or shared with any
2 law enforcement, taxation or other governmental authority. Accordingly, to expedite the
3 flow of information, to facilitate the prompt resolution of disputes over confidentiality of
4 discovery materials, to adequately protect information the parties are entitled to keep
5 confidential, to ensure that the parties are permitted reasonable necessary uses of such
6 material in preparation for and in the conduct of trial, to address their handling at the end
7 of the litigation, and serve the ends of justice, a protective order for such information is
8 justified in this matter. It is the intent of the parties that information will not be designated
9 as confidential for tactical reasons and that nothing be so designated without a good
10 faith belief that it has been maintained in a confidential, non-public manner, and there is
11 good cause why it should not be part of the public record of this case.
12 3.

DEFINITIONS

13

A.

Action: shall mean the above-captioned lawsuit, Advanced Building &

14 Fabrication, et al. v California Highway Patrol, et al., Eastern District of California, Case
15 No. 2:13-cv-02380-MCE-CKD.
16

B.

Challenging Party: a Party or Non-Party that challenges the designation of

17 information or items under this Order.
18

C.

“CONFIDENTIAL” Information or Items: information (regardless of how it is

19 generated, stored or maintained) or tangible things that qualify for protection under
20 Federal Rule of Civil Procedure 26(c) and as specified above in the Good Cause
21 Statement, including, but not limited to, financial information related to Robert Honan
22 and/or Advanced Building & Fabrication. “Confidential” information as used herein
23 means any Designated Material that is designated pursuant to this Protective Order as
24 “Confidential” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY” by the Producing Party
25 or Designating Party, whether it is a document, information contained in a document,
26 information revealed during a deposition or other testimony, information revealed in an
27 interrogatory answer or information otherwise revealed.
28
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1

D.

“CONFIDENTIAL ATTORNEYS’ EYES ONLY” Information or Items:

2 “Confidential” information (regardless of how it is generated, stored or maintained) as
3 defined herein, which warrants further protection because it is particularly sensitive such
4 that a Party’s or Non-Party’s business representatives cannot be afforded review of the
5 information without creating a substantial risk of serious injury to the Producing Party or
6 to third parties that could not be avoided by less restrictive means, and such that review
7 should be relegated only to Outside Counsel of Record and House Counsel. Financial
8 information related to Robert Honan and/or Advanced Building & Fabrication may qualify
9 as “CONFIDENTIAL ATTORNEYS’ EYES ONLY” information.
10

E.

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

11 support staff).
12

F.

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

13 items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL”
14 or “CONFIDENTIAL ATTORNEYS’ EYES ONLY.”
15

G.

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

16 medium or manner in which it is generated, stored, or maintained (including, among
17 other things, testimony, transcripts, and tangible things), that are produced or generated
18 in disclosures or responses to discovery in this matter.
19

H.

Expert: a person with specialized knowledge or experience in a matter

20 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
21 expert witness or as a consultant in this Action.
22

I.

House Counsel: attorneys who are employees of a party to this Action.

23 House Counsel does not include Outside Counsel of Record or any other outside
24 counsel.
25

J.

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

26 other legal entity not named as a Party to this action.
27

K.

Outside Counsel of Record: attorneys who are not employees of a party to

28 this Action but are retained to represent or advise a party to this Action and have
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1 appeared in this Action on behalf of that party or are affiliated with a law firm which has
2 appeared on behalf of that party, and includes support staff.
3

L.

Party: any party to this Action, including all of its officers, directors,

4 employees, consultants, retained experts, and Outside Counsel of Record (and their
5 support staffs).
6

M.

Producing Party: a Party or Non-Party that produces Disclosure or

7 Discovery Material in this Action.
8

N.

Professional Vendors: persons or entities that provide litigation support

9 services (e.g., photocopying, videotaping, translating, preparing exhibits or
10 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
11 their employees and subcontractors.
12

O.

Protected Material: any Disclosure or Discovery Material that is designated

13 as “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY.”
14

P.

Receiving Party: a Party that receives Disclosure or Discovery Material

15 from a Producing Party.
16 4.

SCOPE

17

The protections conferred by this Stipulation and Order cover not only Protected

18 Material (as defined above), but also (1) any information copied or extracted from
19 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
20 Material; and (3) any testimony, conversations, or presentations by Parties or their
21 Counsel that might reveal Protected Material.
22

Any use of Protected Material at trial shall be governed by the orders of the trial

23 judge. This Order does not govern the use of Protected Material at trial.
24 This Order shall govern all documents, the information contained therein, and all other
25 information produced or disclosed during the Action whether revealed in a document,
26 disclosure, deposition, other testimony, discovery response or otherwise, by any party,
27 including any non-party, in this Action (the “Producing Party”) to any other party,
28 including any non-party, (the “Receiving Party”), when the same is designated with the
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1 procedures set forth herein. This Order is binding upon the parties to the Action, as well
2 as their respective attorneys, agents, representatives, officers and employees and
3 others as set forth in this Order. This Order is also binding on and applies to all
4 nonparties who either produce or receive documents or information in connection with
5 this Action.
6 5.

DURATION

7

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

8 by this Order shall remain in effect until a Designating Party agrees otherwise in writing
9 or a court order otherwise directs. Final disposition shall be deemed to be the later of (1)
10 dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final
11 judgment herein after the completion and exhaustion of all appeals, rehearings,
12 remands, trials, or reviews of this Action, including the time limits for filing any motions
13 or applications for extension of time pursuant to applicable law.
14 6.

DESIGNATING PROTECTED MATERIAL

15

A.

Exercise of Restraint and Care in Designating Material for Protection.

16 Each Party or Non-Party that designates information or items for protection under this
17 Order must take care to limit any such designation to specific material that qualifies
18 under the appropriate standards. The Designating Party must designate for protection
19 only those parts of material, documents, items, or oral or written communications that
20 qualify so that other portions of the material, documents, items, or communications for
21 which protection is not warranted are not swept unjustifiably within the ambit of this
22 Order.
23

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

24 are shown to be clearly unjustified or that have been made for an improper purpose
25 (e.g., to unnecessarily encumber the case development process or to impose
26 unnecessary expenses and burdens on other parties) may expose the Designating
27 Party to sanctions.
28
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1

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

2 designated for protection do not qualify for protection, that Designating Party must
3 promptly notify all other Parties that it is withdrawing the inapplicable designation.
4

B.

Manner and Timing of Designations. Except as otherwise provided in this

5 Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material that
6 qualifies for protection under this Order must be clearly so designated before the
7 material is disclosed or produced.
8

Designation in conformity with this Order requires:

9

1)

For information in documentary form (e.g., paper or electronic

10 documents, but excluding transcripts of depositions or other pretrial or trial
11 proceedings), that the Producing Party affix at a minimum, the legend “CONFIDENTIAL”
12 or “CONFIDENTIAL ATTORNEYS’ EYES ONLY” (hereinafter “CONFIDENTIAL
13 legend”), to each page that contains protected material. If only a portion or portions of
14 the material on a page qualifies for protection, the Producing Party also must clearly
15 identify the protected portion(s) (e.g., by making appropriate markings in the margins).
16

A Party or Non-Party that makes original documents available for

17

inspection need not designate them for protection until after the inspecting Party has

18

indicated which documents it would like copied and produced. During the inspection

19

and before the designation, all of the material made available for inspection shall be

20

deemed “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY” as

21

appropriate. After the inspecting Party has identified the documents it wants copied

22

and produced, the Producing Party must determine which documents, or portions

23

thereof, qualify for protection under this Order. Then, before producing the specified

24

documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page

25

that contains Protected Material. If only a portion or portions of the material on a page

26

qualifies for protection, the Producing Party also must clearly identify the protected

27

portion(s) (e.g., by making appropriate markings in the margins).

28
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1

2)

For testimony given in depositions that the Designating Party

2 identify the Disclosure or Discovery Material on the record, before the close of the
3 deposition all protected testimony or up to fourteen (14) days after the deposition
4 transcript becomes available for review. Counsel for any Designating Party shall have
5 the right to exclude from oral depositions any person (other than the deponent,
6 deponent’s counsel, reporter, and videographer (if any)) who is not authorized by this
7 Order to receive or access protected testimony or exhibits. If portions of a videotaped
8 deposition are designated as “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’
9 EYES ONLY,” the videocassette or other videotape container shall be labeled with the
10 appropriate “Confidential legend.” Documents designated as “CONFIDENTIAL” or
11 “CONFIDENTIAL ATTORNEYS’ EYES ONLY” that are used as deposition exhibits will
12 retain their designation despite being marked as exhibits and even if related testimony is
13 not so designed.
14

3)

For information produced in some form other than documentary and

15 for any other tangible items, that the Producing Party affix in a prominent place on the
16 exterior of the container or containers in which the information is stored the legend
17 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY.” If only a portion or
18 portions of the information warrants protection, the Producing Party, to the extent
19 practicable, shall identify the protected portion(s).
20

C.

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

21 to designate qualified information or items does not, standing alone, waive the
22 Designating Party’s right to secure protection under this Order for such material. Upon
23 timely correction of a designation, the Receiving Party must make reasonable efforts to
24 assure that the material is treated in accordance with the provisions of this Order. The
25 Protective Order encompasses an Order under the Federal Rule of Evidence 502(d) that
26 any privilege that may have been raised in the documents produced in this Action is not
27 waived as a result of inadvertent disclosure of those documents in connection with this
28 Action, if corrected as soon as reasonably possible, and this Protective Order governs
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1 all persons or entities in all state or federal proceedings, whether or not they were
2 parties to this Action. The fact of inadvertent production of privileged information or
3 documents by any producing Party in this Action shall not be used as a basis for arguing
4 that a claim of privilege or work product has been waived in any other proceeding.
5 Without limiting the foregoing, the Protective Order shall not affect the Parties’ legal
6 rights to assert privilege claims over documents in any other proceeding. Without
7 limiting the foregoing, the Protective Order shall not affect the Parties’ legal rights to
8 assert privilege claims over documents in any other proceeding.
9 7.

USE OF CONFIDENTIAL INFORMATION
Information designated as “CONFIDENTIAL” or “CONFIDENTIALATTORNEYS’

10

11 EYES ONLY” shall not be used by any person, other than the Producing Party, for any
12 purpose other than conducting or attempting to resolve this Action, and in no event shall
13 such information be used for any business, competitive, regulatory, personal, private,
14 public or other purpose, nor shall such information be shared with any law enforcement,
15 taxation or other governmental authority.
16 8.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

17

A.

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

18 designation of confidentiality at any time that is consistent with the Court’s Scheduling
19 Order.
20

B.

Meet and Confer. The Challenging Party shall initiate the dispute

21 resolution process under Local Rule 251 et seq.
22

C.

Burden of Persuasion. The burden of persuasion in any such challenge

23 proceeding shall be on the Designating Party. Frivolous challenges, and those made for
24 an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on
25 other parties) may expose the Challenging Party to sanctions. Unless the Designating
26 Party has waived or withdrawn the confidentiality designation, all parties shall continue
27 to afford the material in question the level of protection to which it is entitled under the
28 Producing Party’s designation until the Court rules on the challenge.
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1
2 9.

ACCESS TO AND USE OF PROTECTED MATERIAL

3

A.

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

4 disclosed or produced by another Party or by a Non-Party in connection with this Action
5 only for prosecuting, defending, or attempting to settle this Action. Such Protected
6 Material may be disclosed only to the categories of persons and under the conditions
7 described in this Order. When the Action has been terminated, a Receiving Party must
8 comply with the provisions of section 16 below (RETURN OR DESTRUCTION OF
9 MATERIALS).
10

Protected Material must be stored and maintained by a Receiving Party at a

11 location and in a secure manner that ensures that access is limited to the persons
12 authorized under this Order.
13

B.

Disclosure of “CONFIDENTIAL” or “CONFIDENTIALATTORNEYS’ EYES

14 ONLY” Information or Items.
15

Unless otherwise ordered by the court or permitted in writing by the Designating

16 Party, a Receiving Party may disclose any information or item designated
17 “CONFIDENTIAL” only to:
18

1)

The Receiving Party’s Outside Counsel of Record in this Action, as

19 well as employees of said Outside Counsel of Record to whom it is reasonably
20 necessary to disclose the information for this Action;
21

2)

The officers, directors, and employees (including House Counsel) of

22 the Receiving Party to whom disclosure is reasonably necessary for this Action;
23

3)

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

24 disclosure is reasonably necessary for this Action and who have signed the
25 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
26

4)

The court and its personnel;

27

5)

Court reporters and their staff;

28
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1

6)

Outside photocopying, data processing or graphic production

2 services employed;
3

7)

Professional jury or trial consultants, mock jurors, and Professional

4 Vendors to whom disclosure is reasonably necessary for this Action and who have
5 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6

8)

The author or recipient of a document containing the information or

7 a custodian or other person who otherwise possessed or knew the information;
8

9)

During their depositions, witnesses, and attorneys for witnesses, in

9 the Action to whom disclosure is reasonably necessary provided: (1) the deposing party
10 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
11 not be permitted to keep any confidential information unless they sign the
12 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by
13 the Designating Party or ordered by the court. Pages of transcribed deposition testimony
14 or exhibits to depositions that reveal Protected Material may be separately bound by the
15 court reporter and may not be disclosed to anyone except as permitted under this
16 Stipulated Protective Order; and
17

10)

Any mediator or settlement officer, and their supporting personnel,

18 mutually agreed upon by any of the parties engaged in settlement discussions; and
19

11)

any other person to whom the Producing Party agrees in writing or

20 on the record in advance of the disclosure, provided that the Party seeking to make the
21 disclosure must first submit a request, in writing or on the record, to the Producing Party
22 explaining why the disclosure is necessary. If the Producing Party does not agree to
23 allow the disclosure, the Party seeking to make the disclosure may file a motion with the
24 Court for approval to make the disclosure.
25

Unless otherwise ordered by the court or permitted in writing by the Designating

26 Party, a Receiving Party may disclose any information or item designated
27 “CONFIDENTIAL ATTORNEYS’ EYES ONLY” only to the individuals listed in [1], and [3]
28
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1 through [11] above, as well as House Counsel of the Receiving Party to whom
2 disclosure is reasonably necessary for this Action.
3 10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

4

OTHER LITIGATION

5

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

6 compels disclosure of any information or items designated in this Action as
7 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY,” that Party must:
8

A.

Promptly notify in writing the Designating Party. Such notification shall

9 include a copy of the subpoena or court order;
10

B.

Promptly notify in writing the party who caused the subpoena or order to

11 issue in the other litigation that some or all of the material covered by the subpoena or
12 order is subject to this Protective Order. Such notification shall include a copy of this
13 Stipulated Protective Order; and
14

C.

Cooperate with respect to all reasonable procedures sought to be pursued

15 by the Designating Party whose Protected Material may be affected.
16

If the Designating Party timely seeks a protective order, the Party served with the

17 subpoena or court order shall not produce any information designated in this action as
18 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY” before a
19 determination by the court from which the subpoena or order issued, unless the Party
20 has obtained the Designating Party’s permission. The Designating Party shall bear the
21 burden and expense of seeking protection in that court of its confidential material and
22 nothing in these provisions should be construed as authorizing or encouraging a
23 Receiving Party in this Action to disobey a lawful directive from another court.
24 11.

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

25

THIS LITIGATION

26

A.

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

27 Party in this Action and designated as “CONFIDENTIAL” or “CONFIDENTIAL
28 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection
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1 with this litigation is protected by the remedies and relief provided by this Order. Nothing
2 in these provisions should be construed as prohibiting a Non-Party from seeking
3 additional protections.
4

B.

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

5 produce a Non-Party’s confidential information in its possession, and the Party is subject
6 to an agreement with the Non-Party not to produce the Non-Party’s confidential
7 information, then the Party shall:
8

1)

promptly notify in writing the Requesting Party and the Non-Party

9 that some or all of the information requested is subject to a confidentiality agreement
10 with a Non-Party;
11

2)

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

12 Protective Order in this Action, the relevant discovery request(s), and a reasonably
13 specific description of the information requested; and
14

3)

make the information requested available for inspection by the Non-

15 Party, if requested.
16

C.

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

17 days of receiving the notice and accompanying information, the Receiving Party may
18 produce the Non-Party’s confidential information responsive to the discovery request. If
19 the Non-Party timely seeks a protective order, the Receiving Party shall not produce any
20 information in its possession or control that is subject to the confidentiality agreement
21 with the Non-Party before a determination by the court. Absent a court order to the
22 contrary, the Non-Party shall bear the burden and expense of seeking protection in this
23 court of its Protected Material.
24 10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

25

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

26 Protected Material to any person or in any circumstance not authorized under this
27 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
28 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
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1 all unauthorized copies of the Protected Material, (c) inform the person or persons to
2 whom unauthorized disclosures were made of all the terms of this Order, and (d)
3 request such person or persons to execute the “Acknowledgment and Agreement to Be
4 Bound” that is attached hereto as Exhibit A.
5 12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

6

PROTECTED MATERIAL

7

When a Producing Party gives notice to Receiving Parties that certain

8 inadvertently produced material is subject to a claim of privilege or other protection, the
9 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
10 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may
11 be established in an e-discovery order that provides for production without prior privilege
12 review. The Parties’ agreement pursuant to Federal Rule of Evidence 502(d) and (e) is
13 set forth above in Section 6.C.
14 13.

USE OF CONFIDENTIAL INFORMATION AT TRIAL

15

The rules and procedures governing the use of Confidential Information at trial

16 shall be determined by the Court at the final pretrial conference.
17 14.

MISCELLANEOUS

18

A.

Right to Further Relief. Nothing in this Order abridges the right of any

19 person to seek its modification by the Court in the future.
20

B.

Right to Assert Other Objections. By stipulating to the entry of this

21 Protective Order no Party waives any right it otherwise would have to object to
22 disclosing or producing any information or item on any ground not addressed in this
23 Stipulated Protective Order. Similarly, no Party waives any right to object on any ground
24 to use in evidence of any of the material covered by this Protective Order.
25

C.

Filing Protected Material. A Party that seeks to file under seal any

26 Protected Material must comply with Local Rule 141. Protected Material may only be
27 filed under seal pursuant to a court order authorizing the sealing of the specific
28 Protected Material at issue. If a Party's request to file Protected Material under seal is
14
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1 denied by the court, then the Receiving Party may file the information in the public
2 record unless otherwise instructed by the court.
3 15.

PRESERVATION OF RIGHTS AND PRIVILEGES

4

Nothing contained in this Order shall affect the right, if any, of any party or

5 witness to make any other type of objection, claim, or other response to discovery
6 requests, including, without limitation, interrogatories, requests for admissions, requests
7 for production of documents or questions at a deposition. Nor shall this Order be
8 construed as a waiver by any party of any legally cognizable privilege to withhold any
9 Confidential Information other than on the basis that it has been designated
10 Confidential, or of any right which any Party may have to assert such privilege at any
11 stage of this litigation. Further, the inadvertent failure to designate any information as
12 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’ EYES ONLY” shall not constitute
13 a waiver of any Party or Non-Party’s claim, either within or outside this Action, that any
14 such information does contain trade secrets, proprietary information or is otherwise
15 confidential and not subject to disclosure.
16 16.

RETURN OR DESTRUCTION OF MATERIALS

17

After the final disposition of this Action, within 60 days of a written request by the

18 Designating Party, each Receiving Party must return all Protected Material to the
19 Producing Party or destroy such material. As used in this subdivision, “all Protected
20 Material” includes all copies, abstracts, compilations, summaries, and any other format
21 reproducing or capturing any of the Protected Material. Whether the Protected Material
22 is returned or destroyed, the Receiving Party must submit a written certification to the
23 Producing Party (and, if not the same person or entity, to the Designating Party) by the
24 60 day deadline that (1) identifies (by category, where appropriate) all the Protected
25 Material that was returned or destroyed and (2) affirms that the Receiving Party has not
26 retained any copies, abstracts, compilations, summaries or any other format
27 reproducing or capturing any of the Protected Material. Notwithstanding this provision,
28 Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial,
15
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1 deposition, and hearing transcripts, legal memoranda, correspondence, deposition and
2 trial exhibits, expert reports, attorney work product, and consultant and expert work
3 product, even if such materials contain Protected Material. Any such archival copies that
4 contain or constitute Protected Material remain subject to this Protective Order as set
5 forth in Section 5 (DURATION).
6 17.

VIOLATIONS OF THIS ORDER

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Any violation of this Order may be punished by any and all appropriate measures

8 including, without limitation, contempt proceedings and/or monetary sanctions.
9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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11 Dated: March ___, 2017

NOSSAMAN LLP

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By: _________________________________
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Brendan F. Macaulay
Attorneys for Plaintiffs Robert Honan and

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Advanced Building & Fabrication, Inc.
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Dated: March ___, 2017

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JAMES MCGARRY
MCGARRY & LAUFENBERG

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By: _________________________________

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WILLIAM L. CUMMINGS

Dated: March ___, 2017

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William L. Cummings
Attorneys for John Wilson and
the California Highway Patrol
DAN VEROFF
KERR & WAGSTAFFE LLP

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24

By: _________________________________

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Dan Veroff
Attorneys for Defendants Curtis Ayers,

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2:13-cv-02380-MCE-CKD
STIPULATED PROTECTIVE ORDER
26123612.v1

1 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
2
3 Dated: April 4, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2:13-cv-02380-MCE-CKD
STIPULATED PROTECTIVE ORDER
26123612.v1

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3 I,

[print or type full name], of

4

[print or type full address], declare under penalty of perjury

5 that I have read in its entirety and understand the Stipulated Protective Order that was
6 issued by the United States District Court for the Central District of California
7 on ________________[date] in the case of Advanced Building & Fabrication, et al. v
8 California Highway Patrol, et al., Eastern District of California, Case No. 2:13-cv-023809 MCE-CKD. I agree to comply with and to be bound by all the terms of this Stipulated
10 Protective Order and I understand and acknowledge that failure to so comply could
11 expose me to sanctions and punishment in the nature of contempt. I solemnly promise
12 that I will not disclose in any manner any information or item that is subject to this
13 Stipulated Protective Order to any person or entity except in strict compliance with the
14 provisions of this Order.
15

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

16 the Central District of California for the purpose of enforcing the terms of this Stipulated
17 Protective Order, even if such enforcement proceedings occur after
18 termination of this action. I hereby appoint

[print

19 or type full name] of

[print or type

20 full address and telephone number] as my California agent for service of process in
21 connection with this action or any proceedings related to enforcement of this Stipulated
22 Protective Order.
23 Date:
24 City and State where sworn and signed:
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26 Printed name:
27 Signature:
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1
EXHIBIT A

26123612.v1