Bommarito v. The Northwestern Mutual Life Insurance Company

Filing 30

STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 12/22/16. (Kaminski, H)

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1 1 2 2 3 3 4 4 5 5 6 6 7 7 Rebecca Grey (State Bar No. 194940) Kate Rosenvasser (State Bar No. 251403) THE GREY LAW FIRM, P.C. 235 Montgomery Street, Suite 1101 San Francisco, California 94104 Telephone: (415) 262-9926 Facsimile: (415) 262-9981 Email: Attorney for Plaintiff and Counterdefendant DEVRA BOMMARITO 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 Sean P. Nalty (State Bar No. 121253) Shivani Nanda (State Bar No. 253891) Cara F. Barrick (State Bar No. 303107) OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: (415) 442-4810 Facsimile: (415) 442-4870 Attorneys for Defendant and Counterclaimant THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY 17 18 18 19 UNITED STATES DISTRICT COURT 20 19 EASTERN DISTRICT OF CALIFORNIA 21 20 SACRAMENTO 22 21 DEVRA BOMMARITO, an individual, 23 22 24 23 Plaintiff and Counterdefendant, v. 25 24 26 25 27 26 28 27 THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY and MARK MAJEWSKI, Defendant and Counterclaimant. ) ) No. 2:15-cv-01187-WBS-DB ) ) STIPULATION AND PROTECTIVE ) ORDER ) ) ) ) ) ) 28 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, 2 3 proprietary, or private information for which special protection from public disclosure and from use for 4 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 5 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 6 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 7 discovery and that the protection it affords from public disclosure and use extends only to the limited 8 information or items that are entitled to confidential treatment under the applicable legal principles. The 9 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does 10 not entitle them to file confidential information under seal. Pursuant to Local Rule 141.1(c) the documents and information eligible for protection include, 11 12 without limitation, the following: 1) hundreds, if not thousands, of pages of medical records of third 13 party patients treated by the staff and employees at XCEL physical therapy, the clinic formerly owned and 14 operated by Plaintiff; 2) Exhaustive bank records and financial information pertaining to both XCEL 15 Physical Therapy (including payroll information to third parties) and to Plaintiff’s personal finances; 3) 16 thousands of pages of documents seized by the San Joaquin District Attorney pursuant to a search warrant 17 on Plaintiff and her former physical therapy business including nearly all of Plaintiff’s personal and 18 business banking records, the physican seizure of both work and personal computers, passwords for 19 access to both work and personal electronic and online data; all papers and documents in the possession of 20 Plaintiff. Given the depth and breadth of potential first- and third-party privacy concerns arising from the 21 22 unprotected release and use of material one or both parties wish to designate, the sensitivity of the 23 material, particularly third party medical records and third party employment and financial information 24 and the sheer quantity of Plaintiff’s financial records, both related to her professional endeavors and not, 25 the parties seek a court order. 26 2. 27 28 DEFINITIONS 2.1. Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. -2STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 2.2. 1 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, 2 stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 3 26(c). 4 2.3. 5 their support staff). 6 2.4. 7 8 9 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5. Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, 10 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in 11 this matter. 12 2.6. Expert: a person with specialized knowledge or experience in a matter pertinent to the 13 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in 14 this action. 15 2.7. 16 17 18 19 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8. Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9. Outside Counsel of Record: attorneys who are not employees of a party to this action but 20 are retained to represent or advise a party to this action and have appeared in this action on behalf of that 21 party or are affiliated with a law firm which has appeared on behalf of that party. 22 23 24 25 26 2.10. Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12. Professional Vendors: persons or entities that provide litigation support services (e.g., 27 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or 28 retrieving data in any form or medium) and their employees and subcontractors. -3STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 2.13. 2 “CONFIDENTIAL.” 3 2.14. 4 3. Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 5 Protected Material: any Disclosure or Discovery Material that is designated as SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 6 7 defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, 8 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or 9 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections 10 conferred by this Stipulation and Order do not cover the following information: (a) any information that is 11 in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain 12 after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, 13 including becoming part of the public record through trial or otherwise; and (b) any information known to 14 the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a 15 source who obtained the information lawfully and under no obligation of confidentiality to the 16 Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or 17 order. 18 4. DURATION 19 Even after final disposition of this litigation, the confidentiality obligations imposed by this 20 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 21 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 22 defenses in this action, with or without prejudice; and (2) final judgment herein after the 23 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 24 including the time limits for filing any motions or applications for extension of time pursuant to 25 applicable law. 26 5. 27 28 DESIGNATING PROTECTED MATERIAL 5.1. Exercise of Restraint and Care in Designating Material for Protection: Each Party or Non- Party that designates information or items for protection under this Order must take care to limit any such -4STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 designation to specific material that qualifies under the appropriate standards. The Designating Party must 2 designate for protection only those parts of material, documents, items, or oral or written communications 3 that qualify – so that other portions of the material, documents, items, or communications for which 4 protection is not warranted are not swept unjustifiably within the ambit of this Order. 5 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be 6 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or 7 retard the case development process or to impose unnecessary expenses and burdens on other parties) 8 expose the Designating Party to sanctions. If it comes to a Designating Party’s attention that information 9 or items that it designated for protection do not qualify for protection, that Designating Party must 10 11 promptly notify all other Parties that it is withdrawing the mistaken designation. 5.2. Manner and Timing of Designations: Except as otherwise provided in this Order (see, e.g., 12 second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery 13 Material that qualifies for protection under this Order must be clearly so designated before the material is 14 disclosed or produced. 15 Designation in conformity with this Order requires: 16 a) for information in documentary form (e.g., paper or electronic documents, but excluding 17 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend 18 “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions of the 19 material on a page qualifies for protection, the Producing Party also must clearly identify the protected 20 portion(s) (e.g., by making appropriate markings in the margins). A Party or Non-Party that makes 21 original documents or materials available for inspection need not designate them for protection until after 22 the inspecting Party has indicated which material it would like copied and produced. During the 23 inspection and before the designation, all of the material made available for inspection shall be deemed 24 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and 25 produced, the Producing Party must determine which documents, or portions thereof, qualify for 26 protection under this Order. Then, before producing the specified documents, the Producing Party must 27 affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a portion or 28 -5STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 portions of the material on a page qualifies for protection, the Producing Party also must clearly identify 2 the protected portion(s) (e.g., by making appropriate markings in the margins). 3 b) for testimony given in deposition or in other pretrial or trial proceedings, that the 4 Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding, 5 all protected testimony. 6 c) for information produced in some form other than documentary and for any other tangible 7 items, that the Producing Party affix in a prominent place on the exterior of the container or containers in 8 which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or portions of 9 the information or item warrant protection, the Producing Party, to the extent practicable, shall identify 10 11 the protected portion(s). 5.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate 12 qualified information or items does not, standing alone, waive the Designating Party’s right to secure 13 protection under this Order for such material. Upon timely correction of a designation, the Receiving 14 Party must make reasonable efforts to assure that the material is treated in accordance with the provisions 15 of this Order. 16 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 17 6.1. Timing of Challenges. Any Party or Non-Party may challenge a designation of 18 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation 19 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant 20 disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality 21 designation by electing not to mount a challenge promptly after the original designation is disclosed. 22 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution process by 23 providing written notice of each designation it is challenging and describing the basis for each challenge. 24 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the 25 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective 26 Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by 27 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14 28 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its -6STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 belief that the confidentiality designation was not proper and must give the Designating Party an 2 opportunity to review the designated material, to reconsider the circumstances, and, if no change in 3 designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed 4 to the next stage of the challenge process only if it has engaged in this meet and confer process first or 5 establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely 6 manner. 6.3. 7 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, 8 the Designating Party shall file and serve a motion to retain confidentiality within 21 days of the initial 9 notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not 10 resolve their dispute, whichever is earlier. Each such motion must be accompanied by a competent 11 declaration affirming that the movant has complied with the meet and confer requirements imposed in the 12 preceding paragraph. Failure by the Designating Party to make such a motion including the required 13 declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality 14 designation for each challenged designation. In addition, the Challenging Party may file a motion 15 challenging a confidentiality designation at any time if there is good cause for doing so, including a 16 challenge to the designation of a deposition transcript or any portions thereof. Any motion brought 17 pursuant to this provision must be accompanied by a competent declaration affirming that the movant has 18 complied with the meet and confer requirements imposed by the preceding paragraph. 19 The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 20 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary 21 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 22 Designating Party has waived the confidentiality designation by failing to file a motion to retain 23 confidentiality as described above, all parties shall continue to afford the material in question the level of 24 protection to which it is entitled under the Producing Party’s designation until the court rules on the 25 challenge. 26 7. 27 28 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending, -7STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of 2 persons and under the conditions described in this Order. When the litigation has been terminated, a 3 Receiving Party must comply with the provisions of section 13 below (FINAL DISPOSITION). 4 5 6 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the 7 court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or 8 item designated “CONFIDENTIAL” only to: 9 a) the Receiving Party’s Outside Counsel of Record in this action, as well as 10 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 11 information for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” 12 that is attached hereto as Exhibit A; 13 b) the officers, directors, and employees (including House Counsel) of the Receiving 14 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 17 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be 18 Bound” (Exhibit A); 19 d) the court and its personnel; 20 e) court reporters and their staff, professional jury or trial consultants, mock jurors, 21 and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 22 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 f) during their depositions, witnesses in the action to whom disclosure is reasonably 24 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless 25 otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition 26 testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court 27 reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order. 28 -8STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB g) 1 the author or recipient of a document containing the information or a custodian or 2 other person who otherwise possessed or knew the information. 3 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 4 LITIGATION 5 If a Party is served with a subpoena or a court order issued in other litigation that compels 6 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must: a) 7 8 promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; b) 9 promptly notify in writing the party who caused the subpoena or order to issue in 10 the other litigation that some or all of the material covered by the subpoena or order is subject to this 11 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and c) 12 13 cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena or 14 15 court order shall not produce any information designated in this action as “CONFIDENTIAL” before a 16 determination by the court from which the subpoena or order issued, unless the Party has obtained the 17 Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking 18 protection in that court of its confidential material – and nothing in these provisions should be construed 19 as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another 20 court. 21 9. 22 23 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION a) The terms of this Order are applicable to information produced by a Non-Party in 24 this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 25 connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in 26 these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 27 28 -9STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB b) 1 In the event that a Party is required, by a valid discovery request, to produce a Non- 2 Party’s confidential information in its possession, and the Party is subject to an agreement with the Non- 3 Party not to produce the Non-Party’s confidential information, then the Party shall: 1) promptly notify in writing the Requesting Party and the Non-Party that some or all 4 5 of the information requested is subject to a confidentiality agreement with a Non-Party; 6 2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in 7 this litigation, the relevant discovery request(s), and a reasonably specific description of the information 8 requested; and 3) make the information requested available for inspection by the Non-Party. 9 c) 10 If the Non-Party fails to object or seek a protective order from this court within 14 11 days of receiving the notice and accompanying information, the Receiving Party may produce the Non- 12 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a 13 protective order, the Receiving Party shall not produce any information in its possession or control that is 14 subject to the confidentiality agreement with the Non-Party before a determination by the court. Absent a 15 court order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this 16 court of its Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material 18 19 to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving 20 Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use 21 its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 22 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such 23 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto 24 as Exhibit A. 25 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 26 MATERIAL 27 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 28 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are -10STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify 2 whatever procedure may be established in an e-discovery order that provides for production without prior 3 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an 4 agreement on the effect of disclosure of a communication or information covered by the attorney-client 5 privilege or work product protection, the parties may incorporate their agreement in the stipulated 6 protective order submitted to the court. 7 12. 12.1. 8 9 MISCELLANEOUS 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. 10 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no 11 Party waives any right it otherwise would have to object to disclosing or producing any information or 12 item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right 13 to object on any ground to use in evidence of any of the material covered by this Protective Order. 12.3. 14 Filing Protected Material. Without written permission from the Designating Party or a 15 court order secured after appropriate notice to all interested persons, a Party may not file in the public 16 record in this action any Protected Material. Protected Material may only be filed under seal pursuant to a 17 court order authorizing the sealing of the specific Protected Material at issue. A sealing order will issue 18 only upon a request establishing that the Protected Material at issue is privileged, protectable as a trade 19 secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file Protected 20 Material under seal is denied by the court, then the Receiving Party may file the information in the public 21 record unless otherwise instructed by the court. 22 13. 23 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving 24 Party must return all Protected Material to the Producing Party or destroy such material. As used in this 25 subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other 26 format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned 27 or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the 28 same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category, -11STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the 2 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format 3 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are 4 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 5 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and 6 consultant and expert work product, even if such materials contain Protected Material. Any such archival 7 copies that contain or constitute Protected Material remain subject to this Protective Order as set forth in 8 Section 4 (DURATION). 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10 Dated: December 21, 2016 THE GREY LAW FIRM, P.C. By: 11 12 13 14 15 Dated: OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. December 21, 2016 By: 16 /s/ Rebecca Grey Rebecca Grey Attorney for Plaintiff and Counterdefendant DEVRA BOMMARITO 17 18 /s/ Sean P. Nalty Sean P. Nalty Attorneys for Defendant and Counterclaimant THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY 19 20 ORDER 21 Pursuant to the parties’ December 21, 2016 stipulation, (ECF No. 28), IT IS SO ORDERED. 22 IT IS FURTHER ORDERED THAT: 23 1. Requests to seal documents shall be made by motion before the same judge who will decide the 24 25 matter related to that request to seal. 2. The designation of documents (including transcripts of testimony) as confidential pursuant to 26 this order does not automatically entitle the parties to file such a document with the court under seal. 27 Parties are advised that any request to seal documents in this district is governed by Local Rule 141. In 28 brief, Local Rule 141 provides that documents may only be sealed by a written order of the court after a -12STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 specific request to seal has been made. L.R. 141(a). However, a mere request to seal is not enough under 2 the local rules. In particular, Local Rule 141(b) requires that “[t]he ‘Request to Seal Documents’ shall set 3 forth the statutory or other authority for sealing, the requested duration, the identity, by name or category, 4 of persons to be permitted access to the document, and all relevant information.” L.R. 141(b) (emphasis 5 added). 3. A request to seal material must normally meet the high threshold of showing that “compelling 6 7 reasons” support secrecy; however, where the material is, at most, “tangentially related” to the merits of a 8 case, the request to seal may be granted on a showing of “good cause.” Ctr. for Auto Safety v. Chrysler 9 Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City and County of Honolulu, 447 10 F.3d 1172, 1178-80 (9th Cir. 2006). 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of certain 11 12 documents, at any court hearing or trial – such determinations will only be made by the court at the 13 hearing or trial, or upon an appropriate motion. 14 5. With respect to motions regarding any disputes concerning this protective order which the 15 parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251. 16 Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on 17 shortened time. 6. The parties may not modify the terms of this Protective Order without the court’s approval. If 18 19 the parties agree to a potential modification, they shall submit a stipulation and proposed order for the 20 court’s consideration. 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the 21 22 terms of this Protective Order after the action is terminated. 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// -13STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is hereby 2 DISAPPROVED. 3 Dated: December 22, 2016 4 5 6 7 DLB:6 DB\orders\orders.civil\bommarito1187.stip.prot.grt 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB 1 2 EXHIBIT A 3 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, _____________________________ [print or type full name], of _________________ [print or type full 5 address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court for the Eastern District of California 7 on [date] in the case of ___________ [insert formal name of the case and the number and initials 8 assigned to it by the court]. I agree to comply with and to be bound by all the terms of this Stipulated 9 Protective Order and I understand and acknowledge that failure to so comply could expose me to 10 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 11 manner any information or item that is subject to this Stipulated Protective Order to any person or entity 12 except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of 14 California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 15 enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] as my 18 California agent for service of process in connection with this action or any proceedings related to 19 enforcement of this Stipulated Protective Order. 20 21 Date: ______________________________________ 22 City and State where sworn and signed: _________________________________ 23 24 Printed name: _______________________________ 25 26 Signature: __________________________________ 27 28 -15STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION No. 2:15-cv-01187-WBS-DB

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