Stevenson et al v. City and County of San Francisco et al

Filing 35

STIPULATED PROTECTIVE ORDER. Signed by Judge Maxine M. Chesney on December 3, 2012. (mmclc1, COURT STAFF) (Filed on 12/3/2012)

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DENNIS J. HERRERA, State Bar #139669
City Attorney
ELIZABETH S SALVESON, State Bar #83788
Chief Labor Attorney
JONATHAN ROLNICK, State Bar #151814
Deputy City Attorney
Fox Plaza
1390 Market Street, Fifth Floor
San Francisco, California 94102-5408
Telephone: [phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendants
CITY AND COUNTY OF SAN FRANCISCO, et al.

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MURLENE J. RANDLE, State Bar #98124
R. WILLIAM REED, Of Counsel, State Bar #261931
LAW OFFICES OF M. J. RANDLE
235 Montgomery Street, Suite 716
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
E-Mail:
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON C. STEVENSON, KEVIN D.
TAYLOR, KEVIN W. SMITH, AUDRY LEE,
and KIRK W. RICHARDSON,

Case No. C11 4950 MMC
STIPULATED PROTECTIVE ORDER

Plaintiffs,
vs.
THE CITY AND COUNTY OF SAN
FRANCISCO, THE SAN FRANCISCO FIRE
DEPARTMENT, THE SAN FRANCISCO
FIRE COMMISSION, and THE CIVIL
SERVICE COMMISSION OF SAN
FRANCISCO,
Defendants.

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CASE NO. CV 11 4950 MMC

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1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of confidential

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or private information for which special protection from public disclosure and from use for any

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purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby

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stipulate to and petition the court to enter the following Stipulated Protective Order. The parties

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acknowledge that this Order does not confer blanket protections on all disclosures or responses to

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

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information or items that are entitled to confidential treatment under the applicable legal principles.

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The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective

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Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 and

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General Order 62 set forth the procedures that must be followed and the standards that will be applied

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

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2.

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

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generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of

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Civil Procedure 26(c).

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2.3

"CONFIDENTIAL EXAM DOCUMENT" Information or Items: information

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(regardless of how it is generated, stored or maintained) or tangible things related to the 2010 H50

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Assistant Chief examination that qualify for protection under Federal Rule of Civil Procedure 26(c).

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2.4

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as

well as their support staff).
2.5

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

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that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or

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"CONFIDENTIAL EXAM DOCUMENT."

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2.6

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

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to discovery in this matter.
2.7

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

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to the litigation who has been retained (for the purposes of this agreement “retained” does not require

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monetary compensation) by a Party or its counsel to serve as an expert witness or as a consultant in

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this action.
2.8

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Counsel does not include Outside Counsel of Record or any other outside counsel.
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House Counsel: attorneys who are employees of a party to this action. House

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

legal entity not named as a Party to this action.
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Outside Counsel of Record: attorneys who are not employees of a party to this

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action but are retained to represent or advise a party to this action and have appeared in this action on

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behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
2.11

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employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).
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Party: any party to this action, including all of its officers, directors,

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

Material in this action.
2.13

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Professional Vendors: persons or entities that provide litigation support

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

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organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.
2.14

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Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL” or "CONFIDENTIAL EXAM DOCUMENT."
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Receiving Party: Party that receives Disclosure or Discovery Material from a

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Producing Party.

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3.

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

SCOPE

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defined above), but also (1) any information copied or extracted from Protected Material; (2) all

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copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
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conversations, or 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 following

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information: (a) any information that is in the public domain at the time of disclosure to a Receiving

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

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publication not involving a violation of this Order, including becoming part of the public record

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through trial or 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 who obtained the

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information lawfully and under no obligation of confidentiality to the Designating Party. Any use of

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Protected Material at trial shall be governed by a separate agreement or order.

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4.

DURATION

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

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this action, with or without prejudice; and (2) final judgment herein after the completion

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time

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limits for filing any motions or applications for extension of time pursuant to applicable law.

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5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each

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Party or Non-Party that designates information or items for protection under this Order must take care

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to limit any such designation to specific material that qualifies under the appropriate standards. To the

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extent it is practical to do so, the Designating Party must designate for protection only those parts of

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material, documents, items, or oral or written communications that qualify – so that other portions of

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the material, documents, 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 that are shown to

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be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber

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or retard the case development process or to impose unnecessary expenses and burdens on other

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parties) expose the Designating Party to sanctions.
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If it comes to a Designating Party’s attention that information or items that it designated for

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protection do not qualify for protection, that Designating Party must promptly notify all other parties

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that it is withdrawing the mistaken designation.

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5.2

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

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

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Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so

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designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

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affix the “CONFIDENTIAL” or "CONFIDENTIAL EXAM DOCUMENT" legend to each page that

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contains protected material. If only a portion or portions of the material on a page qualifies for

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protection, the 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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A Party or Non-Party that makes original documents or materials available for inspection need

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not designate them for protection until after the inspecting Party has indicated which material it would

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like copied and produced. During the inspection and before the designation, all of the material made

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available for inspection shall be deemed “CONFIDENTIAL” or "CONFIDENTIAL EXAM

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DOCUMENT." After the inspecting Party has identified the documents it wants copied and produced,

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the Producing Party must determine which documents, or portions thereof, qualify for protection under

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

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“CONFIDENTIAL” or "CONFIDENTIAL EXAM DOCUMENT" legend to each page that contains

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Protected Material. 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 appropriate

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markings in the margins).

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

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Designating Party identify on the record, before the close of the deposition, hearing, or other

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proceeding, all protected testimony and specify the level of protection being asserted.
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(c) for information produced in some form other than documentary and for any other

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tangible items, that the Producing Party affix in a prominent place on the exterior of the container or

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containers in which the information or item is stored the legend “CONFIDENTIAL” or

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"CONFIDENTIAL EXAM DOCUMENT." If only a portion or portions of the information or item

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warrant protection, the Producing Party, to the extent practicable, shall identify the protected

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portion(s).
5.3

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Inadvertent Failures to Designate.

If timely corrected, an inadvertent failure

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to designate qualified information or items does not, standing alone, waive the Designating Party’s

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right to secure protection under this Order for such material. Upon timely correction of a designation,

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the Receiving Party must make reasonable efforts to assure that the material is treated in accordance

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with the provisions of this Order.

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

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confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,

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or a significant disruption 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 original designation

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is disclosed.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution

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process by providing written notice of each designation it is challenging and describing the basis for

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each challenge. However, in cases of mass, indiscriminate, or routinized designations made in large

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document productions, the movant need only point to a sample of such cases and the range of

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documents they believe to be improperly designated in a mass, indiscriminate, or routinized fashion.

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To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the

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

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Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by

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conferring directly (in voice to voice dialogue; other forms of communication are not sufficient)

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within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the
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basis for its belief 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 circumstances, and, if no

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change in designation is offered, to explain the basis for the chosen designation. A Challenging Party

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may proceed to the next stage of the challenge process only if it has engaged in this meet and confer

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process first or establishes that the Designating Party is unwilling to participate in the meet and confer

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process in a timely manner.
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Judicial Intervention. If the Parties cannot resolve a challenge without court

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intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil

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Local Rule 7 (and in compliance with Civil Local Rule 79-5 and General Order 62, if applicable)

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within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet

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and confer process will not resolve their dispute, whichever is earlier. Each such motion must be

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accompanied by a competent declaration affirming that the movant has complied with the meet and

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confer requirements imposed in the preceding paragraph. Failure by the Designating Party to make

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such a motion including the required declaration within 21 days (or 14 days, if applicable) shall

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

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Challenging Party may file a motion challenging a confidentiality designation at any time if there is

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good cause for doing so, including a challenge to the designation of a deposition transcript or any

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portions thereof. Any motion brought pursuant to this provision must be accompanied by a competent

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declaration affirming that the movant has complied with the meet and confer requirements imposed by

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the preceding paragraph.

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

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Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary

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expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the

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Designating Party has 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 in question the level

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of protection to which it is entitled under the Producing Party’s designation until the court rules on the

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challenge.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles.

A Receiving Party may use Protected Material that is

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disclosed or produced by another Party or by a Non-Party in connection with this case only for

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prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

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disclosed only to the categories of persons and under the conditions described in this Order. When the

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

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(FINAL DISPOSITION).

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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

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ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose

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any information or item designated “CONFIDENTIAL” only to:

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(a)

the Receiving Party’s Counsel and Outside Counsel of Record in this action, as

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

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reasonably 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 A;

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(b)

the party(ies), along with officers, and directors (including House Counsel) of

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the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed

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

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(c)

experts (as defined in this Order), investigators, and consultants of the

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Receiving Party to whom disclosure is reasonably necessary for this litigation, whether paid or unpaid,

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who have signed the “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, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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

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(f)

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

reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
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(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

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separately bound by the court reporter and may not be disclosed to anyone except as permitted under

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this Stipulated Protective Order.

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(g)

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the author or recipient of a document containing the information or a custodian

or other person who otherwise possessed or knew the information.

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(h)

any individual who is the subject of any personnel information provided.

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7.3

Disclosure of "CONFIDENTIAL EXAM DOCUMENT" Information or Items.

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Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving

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Party may disclose any information or item designated "CONFIDENTIAL EXAM DOCUMENT"

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only to:

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(a)

the Receiving Party’s Counsel and Outside Counsel of Record in this action, as

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

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reasonably 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 A;

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(b)

the officers and directors (including House Counsel) of the Receiving Party to

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whom 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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(c)

the Plaintiffs in this matter after signing the "Acknowledgement and Agreement

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to be Bound" (Exhibit A). Plaintiffs may view these documents at their attorney's office or at a secure

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room outside their attorney's office specifically designated for storage and document review in this

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matter ("Review Location"). Plaintiff may not remove from their attorney's office or the Review

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Location any "CONFIDENTIAL EXAM DOCUMENT," or any copy thereof. Nor may Plaintiff

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retain any "CONFIDENTIAL EXAM DOCUMENT," or show any "CONFIDENTIAL EXAM

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DOCUMENT" to any individual other than those allowed to view such documents as set forth in this

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Order. However, Plaintiff may transfer documents between the Review Location and their attorney’s

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office by electronic mail, courier service, U.S. Post, or personal delivery.

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(d)

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persons involved in the examination process for the 2010 H50 Assistant Chief

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Examination, including but not limited to: scoring key committee members, answer key committee

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members, members of the Examination Unit that created the H50 Examination, members of the San

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Francisco Department of Human Resources involved, members of the San Francisco Fire Department

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involved, any consultants involved, raters, assessors, proctors, Chief Hayes-White, and any employees

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of the City and County of San Francisco involved with the examination that have not yet been

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mentioned, after signing the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(e)

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non-party candidates who took the H50 Assistant Chief examination may

review the examination, their own answer sheets, responses, their records of scores, and the rating

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sheets corresponding to their own answer sheets/responses after they have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A). Such review must occur at the

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Plaintiffs' attorney's office or at the Review Location described in paragraph 7.3(c) above. Any non-

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party candidate who engages in such a review may not photocopy, transcribe or otherwise duplicate

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any of the reviewed materials, or remove such materials from Plaintiffs' attorney's office or the Review

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Location, or show or discuss any such materials to any individual other than those allowed to review

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such documents as set forth in this Order. Non-party candidates may not review any other materials

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designated as "CONFIDENTIAL EXAM DOCUMENT";
(f)

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members of the San Francisco Fire Department who hold the rank of Assistant

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Chief and above after they have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A);

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(g)

experts (as defined in this Order), investigators, and consultants of the

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Receiving Party to whom disclosure is reasonably necessary for this litigation, whether paid or unpaid,

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

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(h)

the court and its personnel;

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(i)

court reporters and their staff, professional jury or trial consultants, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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

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(j)

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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 to Be Bound”

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(Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be

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separately bound by the court reporter and may not be disclosed to anyone except as permitted under

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this Stipulated Protective Order.

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(k)

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the author or recipient of a document containing the information or a custodian

or other person who otherwise possessed or knew the information.
8.

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

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compels disclosure of any information or items designated in this action as “CONFIDENTIAL” or

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"CONFIDENTIAL EXAM DOCUMENT" that Party must:
(a)

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promptly notify in writing the Designating Party. Such notification shall include

a copy of the subpoena or court order;
(b)

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promptly notify in writing the party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena or order is subject to

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this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
(c)

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cooperate with respect to all reasonable procedures sought to be pursued by the

Designating Party whose Protected Material may be affected.1
If the Designating Party timely seeks a protective order, the Party served with the subpoena or

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court order shall not produce any information designated in this action as “CONFIDENTIAL” or

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"CONFIDENTIAL EXAM DOCUMENT" before a determination by the court from which the

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subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The

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Designating Party shall bear the burden and expense of seeking protection in that court of its

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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.
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confidential material – and nothing in these provisions should be construed as authorizing or

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encouraging a Receiving Party in this action to disobey a lawful directive from another court.
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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION

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(a)

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in this action and designated as “CONFIDENTIAL” or "CONFIDENTIAL EXAM DOCUMENT."
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 Non-Party from seeking additional protections.
(b)

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the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
(1)

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(2)

information requested; and
(3)
(c)

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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

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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;

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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

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

make the information requested available for inspection by the Non-Party.

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

14 days of receiving the notice and accompanying information, the Receiving Party may produce the
Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
seeks a protective order, the Receiving Party shall not produce any information in its possession or
control that is subject to the confidentiality agreement with the Non-Party before a determination by
the court.2 Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
seeking protection in this court of its Protected Material.

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2

The purpose of this 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.
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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 disclosed Protected

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Material to any person or in any circumstance not authorized under this Stipulated Protective Order,

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the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized

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disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

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

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Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to Be

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Bound” that is attached hereto as Exhibit A.
11.

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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.

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12.

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

its modification by the court in the future.

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MISCELLANEOUS

12.1

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL

12.2

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

no Party waives any right it otherwise would have to object to disclosing or producing any information
or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives
any right to object on any ground to use in evidence of any of the material covered by this Protective
Order.
12.3 Filing Protected Material. Without written permission from the Designating Party or a
court order secured after appropriate notice to all interested persons, a Party may not file in the public

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CASE NO. CV 11 4950 MMC

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1

record in this action any Protected Material. A Party that seeks to file under seal any Protected

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Material must comply with Civil Local Rule 79-5 and General Order 62. Protected Material may only

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be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material

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at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing

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that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to

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protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant

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to Civil Local Rule 79-5(d) is denied by the court, then the Receiving Party may file the Protected

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Material in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by the

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court.

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13.

FINAL DISPOSITION

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Within 60 days after the final disposition of this action, as defined in paragraph 4, each

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Receiving Party must return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,

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

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

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the Producing Party (and, if not the same person or entity, to the Designating Party) by the 60 day

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deadline that (1) identifies (by category, where appropriate) all the Protected Material that was

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returned or destroyed and (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 Protected Material.

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Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings; motion

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papers; trial, deposition, and hearing transcripts; legal memoranda; correspondence; deposition

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///

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///

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///

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///

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///

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///

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///
STIP. PROTECTIVE ORDER
CASE NO. CV 11 4950 MMC

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transcripts; deposition, hearing, and trial exhibits; expert reports; attorney work product; and

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consultant and expert work product, even if such materials contain Protected Material. Any such

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archival copies that contain or constitute Protected Material remain subject to this Protective Order as

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set forth in Section 4 (DURATION)

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: November 19, 2012

/s/ Murlene J. Randle
Law Offices of M.J. Randle
Attorneys for Plaintiff

DATED: November 19, 2012

/s/ Jonathan Rolnick
Office of the City Attorney
Attorneys for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: November __, 2012
Maxine M. Chesney
United States District Court Judge

December 3, 2012

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STIP. PROTECTIVE ORDER
CASE NO. CV 11 4950 MMC

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

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entirety and understand the Stipulated Protective Order that was issued by the United States District

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Court for the Northern District of California on

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al. v. CCSF, et al., Case No. C 11 4950 (MMC). 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 failure to so comply

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could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will

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not disclose in any manner any information or item that is subject to this Stipulated Protective Order to

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

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[date] in the case of Stevenson, et

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

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Northern District of California for the purpose of enforcing the terms of this Stipulated Protective

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Order, even if such enforcement proceedings occur 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 telephone number] as

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my California agent for service of process in connection with this action or any proceedings related to

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enforcement of this Stipulated Protective Order. [the foregoing paragraph is not mandatory unless the

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individual is a non-California resident]

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Date: _________________________________

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City and State where sworn and signed: _________________________________

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Printed name: ______________________________

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Signature: __________________________________
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STIP. PROTECTIVE ORDER
CASE NO. CV 11 4950 MMC

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