B.V. v. Board of Trustees of the CSU

Filing 14

ORDER signed by Magistrate Judge Deborah Barnes on 1/22/2018 ORDERING that Requests to Seal Documents shall be made by motion before the same judge who will decide the matter related to the request to seal; the parties may not modify the terms of thi s Protective Order without the court's approval; if the parties agree to a potential modification, they shall submit a stipulation and proposed order for the court's consideration; Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the terms of this Protective Order after the action is terminated; any provision in the parties' stipulation that is in conflict with anything in this order is hereby DISAPPROVED. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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B.V., a minor, by and through his
guardian ad litem, DONALD
VILLARREAL and JAMES
GREGORY, individually and as the
Successor in Interest of the Estate of
Larra Ann Gillis,

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Plaintiffs,
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vs.
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BOARD OF TRUSTEES OF THE
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CALIFORNIA STATE UNIVERSITY, )
et al.,
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Defendants.
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No. 2:17-mc-0151 TLN DB
STIPULATION AND PROTECTIVE
ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF
CORRECTIONS

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COME NOW, Plaintiffs, B.V., a minor, by and through his guardian ad

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litem, Donald Villarreal, and James Gregory, and Defendants Board of Trustees for

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California State University, which is the State of California, acting in its higher

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education capacity, Officer Robin Leland, Corporal Carolyn Peliova, and Corporal

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Daniel Andrada (collectively referred to as “CSU Defendants”) and stipulate as

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follows:

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1.

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The CSU Defendants subpoenaed certain records pertaining to Larra
-1STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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Gillis from the California Department of Corrections. The plaintiffs objected to

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the subpoenas and filed a motion to quash, which was heard by this Court on

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December 29, 2017.

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2.

Following the hearing on the motion, the Court granted the motion, in

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part, and modified the subpoena to permit production of the following records:

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“Any abstracts of judgment, movement and transfer records, medical requests,

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disciplinary records, administrative hearing files, investigative materials, reports

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of criminal conduct and any related investigative reports, and visitor requests

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forms pertaining to Larra Ann Gillis from December 4, 2005 to December 4,

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2015.” See 1/2/18 Order (Doc. 11).

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3.

order that governs the production of these documents. Id.

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4.

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Pursuant to the Court’s order, the parties to this action submit the

following proposed protective order.

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The Court further ordered the parties to submit a proposed protective

PROPOSED PROTECTIVE ORDER
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PURPOSES AND LIMITATIONS
Disclosure of the records subpoenaed from the California Department of

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Corrections may involve production of confidential, proprietary, or private

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information for which special protection from public disclosure and from use for

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any purpose other than prosecuting the litigation in the civil litigation entitled

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Brandon Villarreal, et al. v. County of Monterey, et al., filed in the United States

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District Court, Northern District of California, bearing case number CV16-6672

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LHK (SVKx) (hereinafter referred to as the “Civil Action”) may be warranted.

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Accordingly, the parties hereby stipulate to and petition the court to enter the

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following Stipulated Protective Order. The parties acknowledge that this Order

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does not confer blanket protections on all disclosures or responses to discovery and

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that the protection it affords from public disclosure and use extends only to the

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-2STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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limited information or items that are entitled to confidential treatment under the

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applicable legal principles. The parties further acknowledge, as set forth in Section

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12.3, below, that this Stipulated Protective Order does not entitle them to file

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confidential information under seal; Eastern District Local Rule 141 sets forth the

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procedures that must be followed and the standards that will be applied when a

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party seeks permission from the court to file material under seal.

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2.

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DEFINITIONS
2.1

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

designation of information or items under this Order.
“CONFIDENTIAL” Information or Items: information that is

2.2

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produced by the California Department of Corrections, subject to this Court’s

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order dated January 2, 2018 (regardless of how it is generated, stored or

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maintained).

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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

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or items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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2.5

Disclosure or Discovery Material: the information from the

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California Department of Corrections, regardless of the medium or manner in

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

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testimony, transcripts, and tangible things), that are produced or generated in

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disclosures or responses to discovery in the Civil Action.

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2.6

Expert: a person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or its counsel to

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serve as an expert witness or as a consultant in the Civil Action.

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-3STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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2.7

House Counsel: attorneys who are employees of a party to the Civil

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

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outside counsel.

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2.8

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

or other legal entity not named as a Party to the Civil Action.

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2.9

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

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party to the Civil Action but are retained to represent or advise a party to the Civil

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Action and have appeared in the Civil Action on behalf of that party or are

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affiliated with a law firm which has appeared on behalf of that party.

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2.10 Party: any party to the Civil Action, including all of its officers,

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directors, employees, consultants, retained experts, and Outside Counsel of Record

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(and their support staffs).

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2.11 Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in the Civil Action.

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2.12 Professional Vendors: persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating, preparing exhibits or

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demonstrations, and organizing, storing, or retrieving data in any form or medium)

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and their employees and subcontractors.

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2.13 Protected Material: any Disclosure or Discovery Material that is
designated as “CONFIDENTIAL.”

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2.14 Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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-4STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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

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

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following information: (a) any information that is in the public domain at the time

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

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disclosure to a Receiving Party as a result of publication not involving a violation

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of this Order, including becoming part of the public record through trial or

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

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

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who obtained the information lawfully and under no obligation of confidentiality

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to the Designating Party. Any use of Protected Material at trial shall be governed

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by a separate agreement or order.

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4.

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

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imposed by this Order shall remain in effect until a Designating Party agrees

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otherwise in writing or a court order otherwise directs. Final disposition shall be

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deemed to be the later of (1) dismissal of all claims and defenses in the Civil

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Action, with or without prejudice; and (2) final judgment herein after the

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completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of

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the Civil Action, including the time limits for filing any motions or applications for

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extension of time pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection.

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Each Party or Non-Party that designates information or items for protection under

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this Order must take care to limit any such designation to specific material that

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qualifies under the appropriate standards. The Designating Party must designate

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for protection only those parts of material, documents, items, or oral or written

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

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-5STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations

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that are shown to be clearly unjustified or that have been made for an improper

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purpose (e.g., to unnecessarily encumber or retard the case development process or

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to impose unnecessary expenses and burdens on other parties) expose the

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Designating Party to sanctions.

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

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designated for protection do not qualify for protection, that Designating Party must

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promptly notify all other Parties that it is withdrawing the mistaken designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in

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this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise

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stipulated or ordered, Disclosure or Discovery Material that qualifies for protection

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under this Order must be clearly so designated before the material is disclosed or

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produced.

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Designation in conformity with this Order requires:

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

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to

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each page that contains protected material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party also must clearly

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

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margins).

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

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

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Party has indicated which material it would like copied and produced. During the

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

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-6STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has

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identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under this

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Order. Then, before producing the specified documents, the Producing Party must

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affix the “CONFIDENTIAL” legend to each page that contains Protected Material.

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

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

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appropriate markings in the margins).

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

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that the Designating Party identify on the record, before the close of the deposition,

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hearing, or other proceeding, all protected testimony.

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(c) for information produced in some form other than documentary and for

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any other tangible items, that the Producing Party affix in a prominent place on the

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exterior of the container or containers in which the information or item is stored

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the legend “CONFIDENTIAL.” If only a portion or portions of the information or

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item warrant protection, the Producing Party, to the extent practicable, shall

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identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone, waive

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the Designating Party’s right to secure protection under this Order for such

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material. Upon timely correction of a designation, the Receiving Party must make

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reasonable efforts to assure that the material is treated in accordance with the

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provisions of this Order.

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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designation of confidentiality at any time. Unless a prompt challenge to a

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

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-7STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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substantial unfairness, unnecessary economic burdens, or a significant disruption

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or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the

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original designation is disclosed.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process by providing written notice of each designation it is challenging

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and describing the basis for each challenge. To avoid ambiguity as to whether a

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challenge has been made, the written notice must recite that the challenge to

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confidentiality is being made in accordance with this specific paragraph of the

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Protective Order. The parties shall attempt to resolve each challenge in good faith

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and must begin the process by conferring directly (in voice to voice dialogue; other

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forms of communication are not sufficient) within 14 days of the date of service of

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notice. In conferring, the Challenging Party must explain the basis for its belief

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that the confidentiality designation was not proper and must give the Designating

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Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for

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the chosen designation. A Challenging Party may proceed to the next stage of the

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challenge process only if it has engaged in this meet and confer process first or

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

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confer process in a timely manner.

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6.3

Judicial Intervention. If the Parties cannot resolve a challenge

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without court intervention, the Designating Party shall file and serve a motion to

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retain confidentiality under Eastern District Local Rule 230 (and in compliance

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with Eastern District Local Rule 141, if applicable) within 21 days of the initial

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notice of challenge or within 14 days of the parties agreeing that the meet and

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confer process will not resolve their dispute, whichever is earlier. Each such

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

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-8STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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has complied with the meet and confer requirements imposed in the preceding

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paragraph. Failure by the Designating Party to make such a motion including the

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required declaration within 21 days (or 14 days, if applicable) shall automatically

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waive the confidentiality designation for each challenged designation. In addition,

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the Challenging Party may file a motion challenging a confidentiality designation

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

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

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pursuant to this provision must be accompanied by a competent declaration

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affirming that the movant has complied with the meet and confer requirements

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imposed by the preceding paragraph.

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

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Designating Party. Frivolous challenges, and those made for an improper purpose

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(e.g., to harass or impose unnecessary expenses and burdens on other parties) may

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expose the Challenging Party to sanctions. Unless the Designating Party has

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waived the confidentiality designation by failing to file a motion to retain

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

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in question the level of protection to which it is entitled under the Producing

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Party’s designation until the court rules on the challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles. A Receiving Party may use Protected Material that

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is disclosed or produced by another Party or by a Non-Party in connection with

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this case only for prosecuting, defending, or attempting to settle this litigation.

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Such Protected Material may be disclosed only to the categories of persons and

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under the conditions described in this Order. When the litigation has been

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terminated, a Receiving Party must comply with the provisions of section 13 below

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(FINAL DISPOSITION).

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-9STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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

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location and in a secure manner that ensures that access is limited to the persons

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authorized under this Order.

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7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in the Civil Action, as

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well as employees of said Outside Counsel of Record to whom it is reasonably

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necessary to disclose the information for this litigation and who have signed the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A;

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(b) the officers, directors, and employees (including House Counsel) of the

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Receiving Party to whom disclosure is reasonably necessary for this litigation and

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

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

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

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

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(d) the court and its personnel;

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

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mock jurors, and Professional Vendors to whom disclosure is reasonably necessary

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for this litigation and who have signed the “Acknowledgment and Agreement to

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Be Bound” (Exhibit A);

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

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reasonably necessary and who have signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or

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ordered by the court. Pages of transcribed deposition testimony or exhibits to

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-10STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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depositions that reveal Protected Material must be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted under this

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Stipulated Protective Order.

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

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custodian or other person who otherwise possessed or knew the information.

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8.

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IN OTHER LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

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

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that compels disclosure of any information or items designated in the Civil Action

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as “CONFIDENTIAL,” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order

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to issue in the other litigation that some or all of the material covered by the

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subpoena or order is subject to this Protective Order. Such notification shall

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include a copy of this Stipulated Protective Order; and

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(c) 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

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with the subpoena or court order shall not produce any information designated in

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the Civil Action as “CONFIDENTIAL” before a determination by the court from

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

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Party’s permission. The Designating Party shall bear the burden and expense of

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seeking protection in that court of its confidential material – and nothing in these

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provisions should be construed as authorizing or encouraging a Receiving Party in

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the Civil Action to disobey a lawful directive from another court.

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-11STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE

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9.

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PRODUCED IN THIS LITIGATION

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(a) The terms of this Order are applicable to information produced by a

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Non-Party in the Civil Action and designated as “CONFIDENTIAL.” Such

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information produced by Non-Parties in connection with this litigation is protected

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

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should be construed as prohibiting a Non-Party from seeking additional

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protections.

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

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produce a Non-Party’s confidential information in its possession, and the Party is

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subject to an agreement with the Non-Party not to produce the Non-Party’s

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confidential information, then the Party shall:

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(1) promptly notify in writing the Requesting Party and the Non-Party that

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some or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;

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

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

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description of the information requested; and

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(3) make the information requested available for inspection by the NonParty.
(c) If the Non-Party fails to object or seek a protective order from this court

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within 14 days of receiving the notice and accompanying information, the

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Receiving Party may produce the Non-Party’s confidential information responsive

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to the discovery request. If the Non-Party timely seeks a protective order, the

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Receiving Party shall not produce any information in its possession or control that

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is subject to the confidentiality agreement with the Non-Party before a

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determination by the court. Absent a court order to the contrary, the Non-Party

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-12STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

1

shall bear the burden and expense of seeking protection in this court of its

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Protected Material.

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

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

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disclosed Protected Material to any person or in any circumstance not authorized

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under this Stipulated Protective Order, the Receiving Party must immediately (a)

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notify in writing the Designating Party of the unauthorized disclosures, (b) use its

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best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform

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

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of this Order, and (d) request such person or persons to execute the

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“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit

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A.

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11.

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PROTECTED MATERIAL

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

When a Producing Party gives notice to Receiving Parties that certain

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inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the Receiving Parties are those set forth in Federal

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Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

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

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production without prior privilege review. Pursuant to Federal Rule of Evidence

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502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

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of a communication or information covered by the attorney-client privilege or

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work product protection, the parties may incorporate their agreement in the

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stipulated protective order submitted to the court.

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12.

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

any person to seek its modification by the court in the future.
-13STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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

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Protective Order no Party waives any right it otherwise would have to object to

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disclosing or producing any information or item on any ground not addressed in

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this Stipulated Protective Order. Similarly, no Party waives any right to object on

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any ground to use in evidence of any of the material covered by this Protective

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Order.

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12.3 Filing Protected Material. Without written permission from the

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Designating Party or a court order secured after appropriate notice to all interested

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persons, a Party may not file in the public record in the Civil Action any Protected

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

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with Eastern District Local Rule 141. Protected Material may only be filed under

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seal pursuant to a court order authorizing the sealing of the specific Protected

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Material at issue. Pursuant to Eastern District Local Rule 141, a sealing order will

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issue only upon a request establishing that the Protected Material at issue is

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privileged, protectable as a trade secret, or otherwise entitled to protection under

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the law. If a Receiving Party’s request to file Protected Material under seal

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pursuant to Eastern District Local Rule 141 is denied by the court, then the

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Receiving Party may file the information in the public record unless otherwise

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instructed by the court.

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13.

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FINAL DISPOSITION
Within 60 days after the final disposition of the Civil Action, as defined in

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paragraph 4, each Receiving Party must return all Protected Material to the

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Producing Party or destroy such material. As used in this subdivision, “all

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Protected Material” includes all copies, abstracts, compilations, summaries, and

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

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

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

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-14STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

1

to the Designating Party) by the 60 day deadline that (1) identifies (by category,

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where appropriate) all the Protected Material that was returned or destroyed and

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(2) affirms that the Receiving Party has not retained any copies, abstracts,

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

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Protected Material. Notwithstanding this provision, Counsel are entitled to retain

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an archival copy of all pleadings, motion papers, trial, deposition, and hearing

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transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert

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reports, attorney work product, and consultant and expert work product, even if

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such materials contain Protected Material. Any such archival copies that contain or

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

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Section 4 (DURATION).

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* * * End of Proposed Protective Order * * *

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: January 3, 2018

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/s/ Jamie G. Goldstein
By: ___________________________________
Elise R. Sanguinetti
Jamie G. Goldstein

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ARIAS SANGUINETTI STAHLE & TORRIJOS

Attorneys for Plaintiffs
DATED: January 3, 2018

CARPENTER, ROTHANS & DUMONT

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/s/ Jill Williams
By: ___________________________________
Steven J. Rothans
Jill Williams
Attorneys for Defendant
-15STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

1

ORDER

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Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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IT IS FURTHER ORDERED THAT:

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1. Requests to seal documents shall be made by motion before the same judge who will

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decide the matter related to that request to seal.

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2. The designation of documents (including transcripts of testimony) as confidential

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pursuant to this order does not automatically entitle the parties to file such a document with the

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court under seal. Parties are advised that any request to seal documents in this district is

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governed by Local Rule 141. In brief, Local Rule 141 provides that documents may only be

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sealed by a written order of the court after a specific request to seal has been made. L.R. 141(a).

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However, a mere request to seal is not enough under the local rules. In particular, Local Rule

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141(b) requires that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other

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authority for sealing, the requested duration, the identity, by name or category, of persons to be

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permitted access to the document, and all relevant information.” L.R. 141(b) (emphasis added).

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3. A request to seal material must normally meet the high threshold of showing that

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“compelling reasons” support secrecy; however, where the material is, at most, “tangentially

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related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”

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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016);

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Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).

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4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of

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certain documents, at any court hearing or trial – such determinations will only be made by the

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court at the hearing or trial, or upon an appropriate motion.

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5. With respect to motions regarding any disputes concerning this protective order which

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the parties cannot informally resolve, the parties shall follow the procedures outlined in Local

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Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex

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parte basis or on shortened time.

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////

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-16STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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6. The parties may not modify the terms of this Protective Order without the court’s

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approval. If the parties agree to a potential modification, they shall submit a stipulation and

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proposed order for the court’s consideration.

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7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement
of the terms of this Protective Order after the action is terminated.
8. Any provision in the parties’ stipulation that is in conflict with anything in this order

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is hereby DISAPPROVED.

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Dated: January 22, 2018

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DLB:6
DB\orders\orders.civil\b.v.0151.stip.prot.ord

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-17STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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

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________________________________________________________ [print or

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

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and understand the Stipulated Protective Order that was issued by the United

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States District Court for the Eastern District of California in the case of B.V., etc.

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v. Board of Trustees of the California State University, et al., bearing case number

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2:17-MC-0151 TLN (DBx). I agree to comply with and to be bound by all the

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terms of this Stipulated Protective Order and I understand and acknowledge that

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

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contempt. I solemnly promise that I will not disclose in any manner any

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information or item that is subject to this Stipulated Protective Order to any person

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or entity except in strict compliance with the provisions of this Order.

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

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Court for the Northern District of California for the purpose of enforcing the terms

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of this Stipulated Protective Order, even if such enforcement proceedings occur

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after termination of this action.

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

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_______________________________________ [print or type full address and

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telephone number] as my California agent for service of process in connection with

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this action or any proceedings related to enforcement of this Stipulated Protective

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Order.

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Date: ___________________

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City and State where sworn and signed: _________________________________

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-18STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS

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Printed name: _______________________________

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Signature: __________________________________

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-19STIPULATED PROTECTIVE ORDER RE RECORDS FROM
CALIFORNIA DEPARTMENT OF CORRECTIONS