Ruiz v. Sawaya et al

Filing 114

STIPULATED PROTECTIVE ORDER re 112 MOTION for Protective Order Defendants' Administrative Motion For Entry Of The Parties' Stipulated Protective Order filed by N. Daharsh, J. Shaw, M. Sawaya. Signed by Judge Jon S. Tigar on September 29, 2014. (wsn, COURT STAFF) (Filed on 9/29/2014)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 RUBENRUIZ, C 11-3126 JST 15 Plaintiff, STIPULATED [PROPOSED] PROTECTIVE ORDER 16 v. 17 18 M. SAWAYA, et al., 19 Defendants. 20 21 22 1. PURPOSES AND LIMITATIONS 23 Disclosure and discovery activity in this action are likely to involve production of confidential, 24 proprietary, or private information for which special protection from public disclosure and from use for 25 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby 26 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties 27 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 28 discovery and that the protection it affords from public disclosure and use extends only to the limited 1 Stipulated Protective Order (C 11-3126 JST) 1 information or items that are entitled to confidential treatment under the applicable legal principles. The 2 parties further acknowledge, as set forth in Section 14.4, below, that this Stipulated Protective Order does 3 not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures 4 that must be followed and the standards that will be applied when a party seeks permission from the court 5 to file material under seal. 6 2. 7 8 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 DEFINITIONS 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c). 2.3 Counsel (without qualifier): Outside Counsel of Record (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "IDGHLY CONFIDENTIALATTORNEYS' EYES ONLY". 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, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who ( 1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a past or current employee of a Party or of a Party's competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's competitor. 2.7 "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY" Information or Items: extremely sensitive "Confidential Information or Items," disclosure of which to another Party or Non~ Party would create a substantial risk of serious harm that could not be avoided by less restrictive means. 27 28 2 Stipulated Protective Order (C 11-3126 JST) 1 2 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 are 3 4 retained to represent or advise a party to this action and have appeared in this action on behalf of that party 5 or are affiliated with a law firm which has appeared on behalf of that party. 2.10 ~: any party to this action, including all of its officers, directors, employees, consultants, 6 7 retained experts, and Outside Counsel of Record (and their support staffs). 8 9 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 10 2.11 Professional Vendors: persons or entities that provide litigation support services (e.g., 11 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or 12 retrieving data in any form or medium) and their employees and subcontractors. 13 2.12 Protected Material: any Disclosure or Discovery Material that is designated as 14 "CONFIDENTIAL," or as "IDGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY." 2.13 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing 15 16 Party. 17 3. 18 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as 19 defined above), but al~o (1) any information copied or extracted from Protected Material; (2) all copies, 20 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or 21 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections 22 conferred by this Stipulation and Order do not cover the following information: (a) any information that is 23 in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain 24 after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order, 25 including becoming part of the public record through tr~al or otherwise; and (b) any information known to 26 the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a 27 28 3 Stipulated Protective Order (C 11-3126 JST) 1 source who obtained the information lawfully and under no obligation of confidentiality to the Designating 2 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 3 4. 4 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order 5 shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise 6 directs. Final disposition shall be deemed to be the later of (l) dismissal of all claims and defenses in this 7 action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all 8 appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any 9 motions or applications for extension oftime pursuant to applicable law. 10 11 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non- 12 Party that designates information or items for protection under this Order must take care to 13 designation to specific material that qualifies under the appropriate standards. To the extent it is practical 14 to do so, the Designating Party must designate for protection only those parts of material, documents, 15 items, or oral·or written communications that qualify- so that other portions of the material, documents, 16 items, or communications for which protection is not warranted are not swept unjustifiably within the 17 ambit of this Order. 18 limi~ any such Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be 19 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or 20 retard the case development proc~ss or to impose unnecessary expenses and burdens on other parties) 21 expose the Designating Party to sanctions. 22 If it comes to a Designating Party's attention that information or items that it designated for 23 protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, 24 that Designating Party must promptly notify all other parties that it is withdrawing the mistaken 25 designation .. 26 27 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, Disclosure or Discovery 28 4 Stipulated Protective Order (C 11-3126 JST) 1 2 3 4 Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. ·Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, but excluding 5 ·transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend 6 "CONFIDENTIAL" or "IDGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY" to each page that 7 contains protected material. If only a portion or portions of the material on a page qualifies for protection, 8 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 9 markings in the margins) and must specify, for each portion, the level of protection being asserted. 10 A Party 9r Non-Party that makes original documents or materials available for inspection need not 11 designate them for protection until after the inspecting Party has indicated which material it would like 12 ·copied and produced. During the inspection and before the designation, all of the material made available 13 for inspection shall be deemed "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY." After the 14 inspecting Party has identified the documents it wants copied and produced, the Producing Party must 15 determine which documents, or portions thereof, qualify for protection under this Order. Then, before 16 producing the specified documents, the Producing Party must affix the appropriate legend 17 ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY") to each page that 18 contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, 19 the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 20 markings in the margins) and must specify, for each portion, the level of protection being asserted. 21 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating 22 Party identify on the record, before the close of the deposition, hearing; or other proceeding, all protected 23 testimony and specify the level of protection being asserted. When it is impractical to identify separately 24 each portion of testimony that is entitled to protection and it appears that.substantial portions of the 25 testimony may qualify for protection, the Designating Party may invoke on the record (before the 26 deposition, hearing, or other proceeding is concluded) a right to have up to 21 days to identify the specific 27 portions of the testimony as to which protection is sought and to specify the level of protection being 28 asserted. Only those portions of the testimony that are appropriately designated for protection within the 5 Stipulated Protective Order (C 11-3126 JST) 1 21 days shall be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating 2 Party may specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that the 3 entire transcript shall be treated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' 4 EYES ONLY." 5 Parties shall give the other parties notice if they reasonably expect a deposition, hearing or other 6 proceeding to include Protected Material so that the other parties can ensure that only authorized 7 individuals who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A) are present 8 at those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its 9 designation as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY." 10 Transcripts containing Protected Material shall have an obvious legend on the title page that the 11 transcript contains Protected Material, and the title page shall be followed by a list of all pages (including 12 line numbers as appropriate) that have been designated as Protected Material and the level of protection 13 being asserted by the Designating Party. The Designating Party shall inform the court reporter of these 14 requirements. Any transcript that is prepared before the expiration of a 21-day period for designation shall 15 be treated d.uring that period as if it had been designated "HIGHLY CONFIDENTIAL- ATTORNEYS' 16 EYES ONLY" in its entirety unless otherwise agreed. After the expiration of that period, the transcript 17 shall be treated only as actually designated. 18 (c) for information produced in some form other than documentary and for any other tangible items, 19 that the Producing Party affix in a prominent place on the exterior of the container or containers in which 20 the information or item is stored the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- 21 ATTORNEYS' EYES ONLY". If only a portion or portions of the information or item warrant protection, 22 the Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the level 23 of protection being asserted. 24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate 25 qualified information or items does not, standing alone, waive the Designating Party's right to secure 26 protection under this Order for such material. Upon timely correction of a designation, the Receiving Party 27 must make reasonable efforts to assure that the material is treated in accordance with the provisions of this 28 Order. 6 Stipulated Protective Order (C 11-3126 JST) 1 6. 2 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentiality 3 at any time. Unless a prompt challenge to a Designating Party's confidentiality designation is necessary to 4 avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or 5 delay of the litigation, a Party does not waive its right to challenge a confidentiality designation by 6 electing not to mount a challenge promptly after the original designation is disclosed. 7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by 8 providing written notice of each designation it is challenging and describing the basis for each challenge. 9 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the 10 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective 11 Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by 12 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14 13 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its 14 belief that the confidentiality designation was not proper and must give the Designating Party an 15 opportunity to review the designated material, to reconsider the circumstances, and, if no change in 16 designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to 17 the next stage of the challenge process only if it has engaged in this meet and confer process first or 18 establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely 19 manner. 20 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the 21 Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and in 22 compliance with Civil Local Rule 79-5, if applicable) within 21 days of the initial notice of challenge or 23 within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, 24 whichever is earlier. 1 Each such motion must be accompanied by a competent declaration affirming .that 25 the movant has complied ~ith the meet and confer requirements imposed in the preceding paragraph. 26 27 28 1 Alternative: It may be appropriate in certain circumstances for the parties to agree to shift the burden to move on the Challenging Party after a certain number of challenges are made to avoid an abuse of the process. The burden of persuasion would remain on the Designating Party. 7 Stipulated Protective Order (C 11-3126 JST) 1 Failure by the Designating Party to make such a motion including the required declaration within 21 days 2 (or 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged 3 designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation 4 at any time if there is good cause for doing so; including a challenge to the designation of a deposition 5 transcript or any portions thereof. Any motion brought pursuant to this provision must be accompanied by 6 a competent declaration affirming that the movant has complied with the meet and confer requirements 7 imposed by the preceding paragraph. The burden of persuasion in any such challenge proceeding shall be on the Designating Party. 8 9 Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary 10 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the 11 Designating Party has waived the confidentiality designation by failing to file a motion to retain 12 confidentiality as described above, all parties shall continue to afford the material in question the level of 13 protection to which it is entitled under the Producing Party's designation until the court rules on the 14 challenge. 15 7. 16 ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced 17 by another Party or by a Non-Party in connection with this case only for prosecuting, defending, or 18 attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of 19 persons and under the conditions described in this Order. When the litigation has been terminated; a 20 Receiving Party must comply with the provisions of section 15 below (FINAL DISPOSITION). 21 22 23 24 Protected Material must be stored and maintained by a Receiving Party at a lQcation and in a secure mannei that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise order~d by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or '! 25 item designated "CONFIDENTIAL" only to: 26 27 28 2 It may be appropriate under certain circumstances to require the Receiving Party to store any electronic Protected Material in password-protected form. 8 Stipulated Protective Order (C 11-3126 JST) 1 (a) the Receiving Party's Outside Counsel of Record in this action, as well as employees of said 2 Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this 3 litigation; 4 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to 5 whom disclosure is reasonably necessary for this litigation and who have signed the "Acknowledgment 6 and Agreement to Be Bound" (Exhibit A); 7 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably 8 necessary for this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" 9 (Exhibit A); 10 (d) the court and its personnel; 11 (e) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to 12 whom disclosure is reasonably necessary for this litigation and who have signed the "Acknowledgment 13 and Agreement to Be Bound" (Exhibit A); 14 (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and 15 who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A), unless otherwise · 16 agreed by the Designating Party or ordered by the court. Pages of transcribed deposition testimony or 17 exhibits to depositions that reveal Protected Material must be separately bound by the court reporter and 18 may not be disclosed to anyone except as permitted under this Stipulated Protective Order. 19 20 21 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 7.3 Disclosure of "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY" Information or 22 Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving 23 Party may disclose any information or item designated "HIGHLY CONFIDENTIAL- ATTORNEYS' 24 EYES ONLY" only to: 25 (a) the Receiving Party's Outside Counsel of Record in this action, as well as employees of said 26 Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this 27 litigation; 28 9 Stipulated Protective Order (C 11-3126 JST) 1 (b) Experts of the Receiving Party ( 1) to whom disclosure is reasonably necessary for this litigation, 2 (2) who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A), and (3) as to whom 3 the procedures set forth in paragraph 7.4(a)(2), below, have been followed]; 4 (c) the court and its personnel; 5 (d) court reporters and their staff, professional jury or trial consultants, mock jurors, and 6 7 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed · the "Acknowledgment and Agreement to Be Bound" (Exhibit A); and (e) the author or recipient of a document containing the information or a custodian or other person 8 9 who otherwise possessed or knew the information. 10 11 7.4 Procedures for Approving or Objecting to Disclosure of "HIGHLY CONFIDENTIALATTORNEYS' EYES ONLY" Information or Items to Experts. 12 (a) "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" 13 information or items may be disclosed to an Expert as long as the Receiving Party notifies the Disclosing 14 Party of the identities of all Experts who have received the information by the deadline for expert 15 disclosures. 16 8. 17 18 19 20 21 22 23 24 25 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY" that Party must: (a) promptly notify in writing t~e 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 to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 26 27 28 10 Stipulated Protective Order (C 11-3126 JST) 1 2 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected? 3 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court 4 order shall not produce any information designated in this action as "CONFIDENTIAL" or "HIGHLY 5 CONFIDENTIAL- ATTORNEYS' EYES ONLY" before a determination by the court from which the 6 subpoena or order issued, unless the Party has obtained the Designating Party's permission. The 7 Designating Party shall bear the burden and expense of seeking protection in that court of its confidential 8 material- and nothing in these provisions should be construed as authorizing or encouraging a Receiving 9 Party in this action to disobey a lawful directive from another court. 10 11 12 13 14 15 16 17 18 19 9. 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 action and designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY". Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a NonParty from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party's confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party's confidential information, then the Party shall: 1. 20 21 all ofthe information requested is subject to a confidentiality agreement with a Non-Party; 2. 22 23 24 promptly notify in writing the Requesting Party and the Non-Party that some or promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and 3. 25 . make the information requested available for inspection by the Non-Party. 26 3 27 28 The purpose of imposing these duties is to alert the interested parties to the existence of this Protective Order and to afford the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court from which the subpoena or order issued. 11 Stipulated Protective Order (C 11-3126 JST) 1 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days of 2 receiving the notice and accompanying information, the Receiving Party may produce the Non-Party's 3 confidential information responsive to the discovery request. If the Non-Party timely seeks a protective 4 order, the Receiving Party shall not produce any information in its possession or control that is subject to 5 the confidentiality agreement with the Non-Party before a determination by the court. Absent a court 6 order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court 7 of its Protected Material. 8 10. 4 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 10 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the 11 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized 12 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform 13 the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) 14 request such person or persons to execute the "Acknowledgment and Agreement to Be Bound" that is 15 attached hereto as Exhibit A. 16 11. 17 18 19 20 21 22 23 24 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently produced· material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in Federal·Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product protection, the parties may incorporate their agreement in the stipulated protective order submitted to the court. 25 26 4 27 28 The purpose ofthis provision is to alert the interested parties to the existence of confidentiality rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality interests in this court. 12 Stipulated Protective Order (C 11-3126 JST) 1 12. 2 3 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. 4 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no Party 5 waives any right it otherwise would have to object to disclosing or producing any information or item on 6 any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object 7 on any ground to use in evidence of any of the material covered by this Protective Order. 8 9 12.3 Filing Protected Material. Without written permission from the Designating Party or a court 10 order secured after appropriate notice to all interested persons, a Party may not file in the public record in 11 this action any Protected Material. A Party that seeks to file under seal any Protected Material must 12 comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court 13 order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5, 14 a sealing order will issue only upon a request establishing that the Protected Material at issue is privileged, 15 protectable as 16 request to file Protected Material under seal pursuant to Civil Local Rule 79-5(e) is denied by the court, 17 then the Receiving Party may file the Protected Material in the public record pursuant to Civil Local Rule 18 79-5(e)(2) unless otherwise instructed by the court. 19 13. 20 atra~e secret, or otherwise entitled to protection under the law. If a Receiving Party's 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. As 22 used in this subdivision, "all Protected Material" includes all copies, abstracts, compilations, summaries, 23 and any other format reproducing or capturing any of the Protected Material. Whether the Protected 24 Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing 25 Party (and, if not the same person or entity, to the Designating Party) by the 60-day deadline that ( 1) states 26 that all received Protected Material was returned or destroyed and (2) affirms that the Receiving Party has 27 not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing 28 13 ·Stipulated Protective Order (C 11-3126 JST) 1 any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain anarchival 2 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 3 correspondence, deposition and trial exhibits, 4 expert work product, even if such materials contain Protected Material. Any such archival copies that 5 contain or constitute Protected Material remain subject to this Protective Order as set forth in Section 4 6 (DURATION). ~xpert reports, attorney work product, and consultant and 7 8 9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 10· 11 DATED: 9/23/14 Is/ Robert Mullen Robert Mullen Attorney for Plaintiff DATED: 9/23/14 Is/ Giam M Nguyen Giam M. Nguyen Attorney for Defendant 12 13 14 15 16 17 Attestation Under N.D. Cal. Civil Local Rule 5-l(i) 18 I, Giam Nguyen, attest and declare as follows: 19 Concurrence in the filing of this document has been obtained from all signatories, and shall 20 21 22 serve in lieu of their signatures on the document. I declare under penalty of perjury that the foregoing is true and correct. Signed on September 23, 2014 in San Francisco, California. 23 Is/ Giam M Nguyen GiamM. Nguyen 24 25 26 27 28 14 Stipulated Protective Order (C 11-J 126 JST) 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 ER H 10 RT 9 R NIA n S. T J u d ge J o NO 8 i ga r FO 7 DATED: _______________________________________________ September 29, 2014 D RD RE The Honorable Jon S. Tigar E S SO O IT I United States District Judge LI 6 UNIT ED 5 S DISTRICT TE C TA RT U O S 4 A 3 N F D IS T IC T O R C 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 Stipulated Protective Order (C 11-3126 JST) I I _! 1 EXHIBIT A 2 ACKNOWLEDGMENTANDAGREEMENTTOBEBOUND 3 I, _ _ _ _ _ _ _ _ _ _ _ _ _ [print or type full name], of 4 [print or type full address], 5 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 Northern District of 7 California on_-_, 2014 in the case of Ruiz v. Sawaya, eta!., No. 11-3126 JST. I agree to comply 8 with and to be bound by all the terms of this Stipulated Protective Order, and I understand and 9 acknowledge that failure to so comply could expose me to sanctions and punishment in the nature 10 of contempt. I solemnly promise that I will not disclose in any manner any information or item 11 that is subject to this Stipulated Protective Order to any person or entity except in strict 12 compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint _ _ _ _ _ _ _ _ _ _ _ [print or type full name] of 17 [print or type full 18 address and telephone number] as my California agent for service of process in connection with 19 this action or any proceedings related to enforcement of this Stipulated Protective Order. ) 20 Date: 21 City and State where sworn and signed:----------------------------- 22 Printed name: 23 Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ ___ ------------------------------ --------------------~----- 24 25 26 FINAL- Protective Order (Sept 18 2014)_l.doc 27 28 16 Stipulated Protective Order (C 11-3126 JST)

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