A.M. v. San Juan Unified School District et al

Filing 28

STIPULATION and PROTECTIVE ORDER signed by District Judge Kimberly J. Mueller on 5/12/2017. (Washington, S)

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1 2 3 4 5 6 7 8 STEPHANIE DORIA WILEY (SBN 196825) sdoria@rukinhyland.com REBECCA STEPHENS (SBN 299234) rstephens@rukinhyland.com RUKIN HYLAND LLP 100 Pine Street, Suite 2150 San Francisco, CA 94111 Telephone: (415) 421-1800 Facsimile: (415) 421-1700 Attorneys for PLAINTIFF A.M. SEE NEXT PAGE FOR ADDITIONAL COUNSEL 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 A.M., a minor by and through his guardian ad litem CHRISTOPHER MROZINSKI, Plaintiff, v. Case No. 2:16-cv-02380-KJM-KJN STIPULATION AND [PROPOSED] PROTECTIVE ORDER SAN JUAN UNIFIED SCHOOL DISTRICT, 1ST STEP APPLIED BEHAVIOR ANALYSTS, INC., NICHOLAS TICHE, and TRACY MCDONALD, Defendants. 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 2 3 4 DOMENIC SPINELLI (SBN 131192) domenics@sdnlaw.com SPINELLI, DONALD & NOTT 815 “S” Street, Second Floor Sacramento, CA 95811 Telephone: (916) 448-7888 Facsimile: (916) 448-6888 5 6 7 8 9 10 11 12 Attorneys for DEFENDANTS San Juan Unified School District and Tracy McDonald MICHAEL LEVANGIE (SBN160163) michael.levangie@llg-law.com LEVANGIE LAW GROUP 2021 N Street Sacramento, CA 95811 Telephone: (916) 443-4849 Facsimile: (916) 443-4855 Attorneys for DEFENDANTS 1st Step Applied Behavior Analysts and Nicholas Tiche 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 Plaintiff A.M., by and through his Guardian ad Litem, Chris Mrozinski (“Plaintiff”), and 2 3 Defendants San Juan Unified School District (“SJUSD”), 1st Step Applied Behavior Analysts, Inc. 4 (“1st Step”), Nicholas Tiche, and Tracy McDonald (collectively, “Defendants”) (collectively, “the 5 Parties”), hereby stipulate as follows: 6 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of 7 8 confidential, proprietary, or private information for which special protection from public disclosure 9 and from use for any purpose other than prosecuting or defending this litigation may be warranted. 10 Examples of such information in this case include, but are not limited to, the educational, medical 11 and psychological records of the minor Plaintiff A.M. Accordingly, the Parties hereby stipulate to 12 and petition the Court to enter the following Stipulated Protective Order. The Parties acknowledge 13 that this Order does not confer blanket protections on all disclosures or responses to discovery and 14 that the protection it affords from public disclosure and use extends only to the limited information 15 or items that are entitled to confidential treatment under applicable legal principles. The Parties 16 further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does 17 not entitle them to file confidential information under seal; Civil Local Rule 141 sets forth the 18 procedures that must be followed and the standards that will be applied when a party seeks 19 permission from the court to file material under seal. 20 2. 21 22 23 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 24 generated, stored or maintained) or tangible things that qualify for protection under the provisions of 25 Paragraph 1, above. 26 27 28 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 2 produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium 3 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 4 transcripts, and tangible things), that are produced or generated in disclosures or responses to 5 discovery in this matter. 6 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 7 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 8 consultant in this action. 9 10 11 12 13 2.7 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 14 but are retained to represent or advise a party to this action and have appeared in this action on 15 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 16 17 18 19 20 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 21 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 22 storing, or retrieving data in any form or medium) and their employees and subcontractors. 23 24 25 26 2.13 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party. 27 28 Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 3. SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 2 3 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 4 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 5 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 6 However, the protections conferred by this Stipulation and Order do not cover the following 7 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 8 Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 9 publication not involving a violation of this Order, including becoming part of the public record 10 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 11 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 12 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of 13 Protected Material at trial shall be governed by a separate agreement or order. 14 4. DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this 15 16 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 17 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 18 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 19 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 20 time limits for filing any motions or applications for extension of time pursuant to applicable law. 21 5. 22 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or 23 Non-Party that designates information or items for protection under this Order must take care to 24 limit any such designation to specific material that qualifies under the appropriate standards. The 25 Designating Party must designate for protection only those parts of material, documents, items, or 26 oral or written communications that qualify – so that other portions of the material, documents, 27 items, or communications for which protection is not warranted are not swept unjustifiably within 28 the ambit of this Order. Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 2 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 3 encumber or retard the case development process or to impose unnecessary expenses and burdens on 4 other parties) expose the Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it designated for 6 protection do not qualify for protection, that Designating Party must promptly notify all other Parties 7 that it is withdrawing the mistaken designation. 8 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 10 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 11 designated before the material is disclosed or produced. 12 13 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but 14 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 15 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion 16 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 17 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 18 A Party or Non-Party that makes original documents or materials available for inspection need not 19 designate them for protection until after the inspecting Party has indicated which material it would 20 like copied and produced. During the inspection and before the designation, all of the material made 21 available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has 22 identified the documents it wants copied and produced, the Producing Party must determine which 23 documents, or portions thereof, qualify for protection under this Order. Then, before producing the 24 specified 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 qualifies for 26 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 27 appropriate markings in the margins). 28 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 Designating Party identify on the record, before the close of the deposition, hearing, or other 2 proceeding, all protected testimony. (c) for information produced in some form other than documentary and for any other 3 4 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 5 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a 6 portion or portions of the information or item warrant protection, the Producing Party, to the extent 7 practicable, shall identify the protected portion(s). 5.3 8 9 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s 10 right to secure protection under this Order for such material. Upon timely correction of a 11 designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 12 accordance with the provisions of this Order. 13 6. 14 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party may challenge a designation of confidentiality at 15 any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is necessary 16 to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant 17 disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality 18 designation by electing not to mount a challenge promptly after the original designation is disclosed. 19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 20 by providing written notice of each designation it is challenging and describing the basis for each 21 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 22 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 23 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 24 begin the process by conferring directly within 14 days of the date of service of notice. In conferring, 25 the Challenging Party must explain the basis for its belief that the confidentiality designation was not 26 proper and must give the Designating Party an opportunity to review the designated material, to 27 reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the 28 chosen designation. A Challenging Party may proceed to the next stage of the challenge process only Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 if it has engaged in this meet and confer process first or establishes that the Designating Party is 2 unwilling to participate in the meet and confer process in a timely manner. 6.3 3 Judicial Intervention. If the Parties cannot resolve a challenge without court 4 intervention, the Designating Party shall file and serve a motion to retain confidentiality within 21 5 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and 6 confer process will not resolve their dispute, or the first day of trial in this matter, whichever is 7 earlier. Each such motion must be accompanied by a competent declaration affirming that the 8 movant has complied with the meet and confer requirements imposed in the preceding paragraph. 9 Any motion brought pursuant to this provision must be accompanied by a competent declaration 10 affirming that the movant has complied with the meet and confer requirements imposed by the 11 preceding paragraph. 12 The burden of persuasion in any such challenge proceeding shall be on the Designating 13 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 14 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions. 15 Unless the Designating Party has waived the confidentiality designation by failing to file a motion to 16 retain confidentiality as described above, all parties shall continue to afford the material in question 17 the level of protection to which it is entitled under the Producing Party’s designation until the court 18 rules on the challenge. 19 7. 20 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 21 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 22 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 23 the categories of persons and under the conditions described in this Order. When the litigation has 24 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 25 DISPOSITION). 26 27 28 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 Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 2 information or item designated “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 4 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for 5 this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is 6 attached hereto as Exhibit A; (b) the officers, directors, and employees (including House Counsel) of the Receiving 7 8 Party to whom disclosure is reasonably necessary for this litigation and who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 10 11 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 12 to Be Bound” (Exhibit A); 13 (d) the court and its personnel; 14 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and 15 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (f) during their depositions, witnesses in the action to whom disclosure is reasonably 17 18 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 19 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 20 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 21 bound by the court reporter and may not be disclosed to anyone except as permitted under this 22 Stipulated Protective Order. (g) the author or recipient of a document containing the information or a custodian or 23 24 other person who otherwise possessed or knew the information. 25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 26 LITIGATION 27 If a Party is served with a subpoena or a court order issued in other litigation that compels 28 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 must: (a) promptly notify in writing the Designating Party. Such notification shall include a 2 3 copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the 4 5 other litigation that some or all of the material covered by the subpoena or order is subject to this 6 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the 7 8 Designating Party whose Protected Material may be affected. If the Designating Party timely seeks a protective order, the Party served with the subpoena 9 10 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 11 before a determination by the court from which the subpoena or order issued, unless the Party has 12 obtained the Designating Party’s permission. The Designating Party shall bear the burden and 13 expense of seeking protection in that court of its confidential material – and nothing in these 14 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 15 disobey a lawful directive from another court. 16 9. 17 18 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 this 19 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in 20 connection with this litigation is protected by the remedies and relief provided by this Order. 21 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional 22 protections. 23 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 24 Party’s confidential information in its possession, and the Party is subject to an agreement with the 25 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 26 27 28 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 this litigation, the relevant discovery request(s), and a reasonably specific description of the 2 information requested; and 3 (3) make the information requested available for inspection by the Non-Party. 4 (c) If the Non-Party fails to object or seek a protective order from this court within 14 5 days of receiving the notice and accompanying information, the Receiving Party may produce the 6 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 7 seeks a protective order, the Receiving Party shall not produce any information in its possession or 8 control that is subject to the confidentiality agreement with the Non-Party before a determination by 9 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 10 seeking protection in this court of its Protected Material. 11 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 12 13 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 14 the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 15 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) 16 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 17 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 18 Be Bound” that is attached hereto as Exhibit A. 19 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 20 MATERIAL 21 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced 22 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties 23 are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to 24 modify whatever procedure may be established in an e-discovery order that provides for production 25 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the 26 parties reach an agreement on the effect of disclosure of a communication or information covered by 27 the attorney-client privilege or work product protection, the parties may incorporate their agreement 28 in the stipulated protective order submitted to the court. Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 12. 12.1 2 3 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 4 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 5 no Party waives any right it otherwise would have to object to disclosing or producing any 6 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 7 Party waives any right to object on any ground to use in evidence of any of the material covered by 8 this Protective Order. 12.3 9 Filing Protected Material. Without written permission from the Designating Party or a 10 court order secured after appropriate notice to all interested persons, a Party may not file in the 11 public record in this action any Protected Material. A Party that seeks to file under seal any Protected 12 Material must comply with Civil Local Rule 141. Protected Material may only be filed under seal 13 pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant 14 to Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected 15 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under 16 the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local 17 Rule 141 is denied by the court, then the Receiving Party may file the information in the public 18 record unless otherwise instructed by the court. 19 13. 20 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each 21 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 22 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 23 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 24 the Protected Material is returned or destroyed, the Receiving Party must submit a written 25 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 26 by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material 27 that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies, 28 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 2 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 3 correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 4 and expert work product, even if such materials contain Protected Material. Any such archival copies 5 that contain or constitute Protected Material remain subject to this Protective Order as set forth in 6 Section 4 (DURATION). 7 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 8 9 DATED: February 23, 2017 RUKIN HYLAND LLP 10 By: ___/s/ Stephanie Doria Wiley________________ 11 STEPHANIE DORIA WILEY Attorneys for Plaintiff A.M. 12 13 14 15 DATED: February 23, 2017 SPINELLI, DONALD & NOTT 16 17 By: _/s/ Domenic Spinelli (as authorized on 2/22/17) 18 DOMENIC SPINELLI Attorneys for Defendants San Juan Unified School District and Tracy McDonald 19 20 21 DATED: February 23, 2017 22 LEVANGIE LAW GROUP By: _/s/ Michael Levangie (as authorized on 2/22/17) 23 MICHAEL LEVANGIE Attorneys for Defendants 1st Step Applied Behavior Analysts and Nicholas Tiche 24 25 26 27 28 Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 1 The court adopts the parties’ stipulation except to the extent that paragraph 12.3 (“Filing Protected 2 Material”) is superseded by the court’s standing order. See Standing Order § 10 (“Sealing and 3 Protective Orders”), ECF No. 3-1. Specifically, “The court will only consider requests to seal or 4 redact filed by the proponent of sealing or redaction. If a party plans to make a filing that includes 5 material an opposing party has identified as confidential and potentially subject to sealing, the filing 6 party shall provide the opposing party with sufficient notice in advance of filing to allow for the 7 seeking of an order of sealing or redaction from the court.” Id. 8 9 10 11 PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: May 12, 2017 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN 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 that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for the 6 Eastern District of California on [date] in the case of A.M. v San Juan Unified School District, et al., 7 Case No. 2:16-cv-02380-KJM-KJN. I agree to comply with and to be bound by all the terms of this 8 Stipulated Protective Order and I understand and acknowledge that failure to so comply could 9 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not 10 disclose in any manner any information or item that is subject to this Stipulated Protective Order to 11 any person or entity except in strict compliance with the provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the Eastern 13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even 14 if such enforcement proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as 17 my California agent for service of process in connection with this action or any proceedings related 18 to enforcement of this Stipulated Protective Order. 19 20 Date: ______________________________________ 21 City and State where sworn and signed: _________________________________ 22 23 Printed name: _______________________________ 24 25 Signature: __________________________________ 26 27 28 Stipulation and [Proposed] Protective Order 2:16-cv-02380-KJM-KJN

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