Evans et al v. Antioch Unified School District et al

Filing 27

STIPULATION AND PROTECTIVE ORDER FOR STANDARD LITIGATION: re 26 Proposed Order filed by Antioch Unified School District, Keith Rogenski. Signed by Magistrate Judge Laurel Beeler on 7/3/2013. (ls, COURT STAFF) (Filed on 7/3/2013)

1
2
3
4
5

TIMOTHY P. MURPHY (SB#120920)
DOLORES M. DONOHOE (SB#111432)
EDRINGTON, SCHIRMER & MURPHY LLP
2300 Contra Costa Boulevard, Suite 450
Pleasant Hill, CA 94523-3936
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
ANTIOCH UNIFIED SCHOOL DISTRICT and KEITH ROGENSKI

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14

LARRY EVANS, MEGAN EVANS, M.E., a
minor by and through his guardian ad litem
LARRY EVANS, TERESA GREEN, A.S., a
minor by and through his guardian ad litem
TERESA GREEN, HEATHER CARRANZA,
L.C., a minor by and through her guardian ad
litem HEATHER CARRANZA, MICHELE
SMITH, M.M., a minor by and through his
guardian ad litem MICHELE SMITH,

16

18
19
20
21
22

STIPULATED PROTECTIVE ORDER FOR
STANDARD LITIGATION

Plaintiffs,

15

17

Case Number: C-13-1476-LB-ARB

v.
ANTIOCH UNIFIED SCHOOL DISTRICT,
THERESA ALLEN-CAULBOY, MICHAEL
GREEN, DAVID WAX, KEITH ROGENSKI,
KAI MONTGOMERY, and DOES 1-30,
Defendants.
______________________________________/
1.

PURPOSES AND LIMITATIONS

23

Disclosure and discovery activity in this action are likely to involve production of

24

confidential, proprietary, or private information for which special protection from public

25

disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

26

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

27

Protective Order. The parties acknowledge that this Order does not confer blanket protections on

28
1
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

all disclosures or responses to discovery and that the protection it affords from public disclosure

2

and use extends only to the limited information or items that are entitled to confidential treatment

3

under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3,

4

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

5

under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be

6

followed and the standards that will be applied when a party seeks permission from the court to

7

file material under seal.

8

2.

DEFINITIONS

9

2.1

Challenging Party: a Party or Non-Party that challenges the designation of information or

10
11

items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is

12

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

13

of Civil Procedure 26(c).

14
15
16
17
18

2.3

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

well as their support staff).
2.4

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

produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
2.5

Disclosure or Discovery Material: all items or information, regardless of the

19

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

20

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

21

responses to discovery in this matter.

22

2.6

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

23

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

24

consultant in this action.

25
26
27

2.7

House Counsel: attorneys who are employees of a party to this action. House

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.8

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

28
2
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

entity not named as a Party to this action.
2.9

2

Outside Counsel of Record: attorneys who are not employees of a party to this

3

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

4

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

5
6

2.10

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

7
8

Party: any party to this action, including all of its officers, directors, employees,

2.11

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

Material in this action.

9

2.12

Professional Vendors: persons or entities that provide litigation support services

10

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

11

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

12

subcontractors.
2.13

13
14

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

“CONFIDENTIAL.”
2.14

15

Receiving Party: a Party that receives Disclosure or Discovery Material from a

16

Producing Party.

17

3.

SCOPE

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

record through trial or otherwise; and (b) any information known to the Receiving Party prior to

27

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

28
3
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

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

2

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

5

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

6

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

7

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

8

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

9

including the time limits for filing any motions or applications for extension of time pursuant to

10

applicable law.

11

5.

12

DESIGNATING PROTECTED MATERIAL
5.1

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

13

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

14

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

15

Designating Party must designate for protection only those parts of material, documents, items, or

16

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

17

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

18

the ambit of this Order.

19

Mass, indiscriminate, or routinized designations are prohibited. Designations that are

20

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

21

unnecessarily encumber or retard the case development process or to impose unnecessary

22

expenses and burdens on other parties) expose the Designating Party to sanctions.

23

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

24

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

25

Parties that it is withdrawing the mistaken 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,

28
4
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

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

2

designated before the material is disclosed or produced.

3

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

4
5

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

6

affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a

7

portion or portions of the material on a page qualifies for protection, the Producing Party also must

8

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

9

A Party or Non-Party that makes original documents or materials available for inspection need not

10

designate them for protection until after the inspecting Party has indicated which material it would

11

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

12

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

13

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

14

documents, or portions thereof, qualify for protection under this Order. Then, before producing the

15

specified documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page

16

that contains Protected Material. If only a portion or portions of the material on a page qualifies

17

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

18

making appropriate markings in the margins).
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the

19
20

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

21

proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for any other

22
23

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

24

or containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a

25

portion or portions of the information or item warrant protection, the Producing Party, to the

26

extent practicable, shall identify the protected portion(s).

27

5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

28
5
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

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

2

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

3

designation, the Receiving Party must make reasonable efforts to assure that the material is treated

4

in accordance with the provisions of this Order.

5

6.

6

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

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

7

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

8

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

9

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to

10

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

11

original designation is disclosed.

12

6.2

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

13

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

14

for each challenge. To avoid ambiguity as to whether a challenge has been made, the written

15

notice must recite that the challenge to confidentiality is being made in accordance with this

16

specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in

17

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

18

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

19

conferring, the Challenging Party must explain the basis for its belief that the confidentiality

20

designation was not proper and must give the Designating Party an opportunity to review the

21

designated material, to reconsider the circumstances, and, if no change in designation is offered, to

22

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

23

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

24

the Designating Party is unwilling to participate in the meet and confer process in a timely

25

manner.

26
27

6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

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

28
6
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

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

2

applicable) within 21 days of the initial notice of challenge or within 14 days of the parties

3

agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each

4

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

5

complied with the meet and confer requirements imposed in the preceding paragraph. Failure by

6

the Designating Party to make such a motion including the required declaration within 21 days (or

7

14 days, if applicable) shall automatically waive the confidentiality designation for each

8

challenged designation. In addition, the Challenging Party may file a motion challenging a

9

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

10

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

11

this provision must be accompanied by a competent declaration affirming that the movant has

12

complied with the meet and confer requirements imposed by the preceding paragraph.

13

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

14

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

15

unnecessary expenses and burdens on other parties) may expose the Challenging Party to

16

sanctions. Unless the Designating Party has waived the confidentiality designation by failing to

17

file a motion to retain confidentiality as described above, all parties shall continue to afford the

18

material in question the level of protection to which it is entitled under the Producing Party’s

19

designation until the court rules on the challenge.

20

7.

21

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

22

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

23

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

24

the categories of persons and under the conditions described in this Order. When the litigation has

25

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

26

DISPOSITION).

27

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

28
7
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1
2

a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered

3

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

4

information or item designated “CONFIDENTIAL” only to:

5

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as

6

employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

7

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

8

Bound” that is attached hereto as Exhibit A;

9

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

10

Party and claims representatives (and their support staff) of any insurance company or joint

11

powers authority in charge of managing or adjusting claims relating to this litigation to whom

12

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

13

and Agreement to Be Bound” (Exhibit A);

14

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

15

reasonably necessary for this litigation and who have signed the “Acknowledgment and

16

Agreement to Be Bound” (Exhibit A);

17

(d) the court and its personnel;

18

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

19

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

20

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

21

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

22

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

23

unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed

24

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

25

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

26

Stipulated Protective Order.

27

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

28
8
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

other person who otherwise possessed or knew the information.

2

8.

3

LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

4

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

5

disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party

6

must:

7
8

(a) promptly notify in writing the Designating Party. Such notification shall include a
copy of the subpoena or court order;

9

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

10

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

11

this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;

12

and

13
14

(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.

15

If the Designating Party timely seeks a protective order, the Party served with the subpoena

16

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

17

before a determination by the court from which the subpoena or order issued, unless the Party has

18

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

19

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

20

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

21

disobey a lawful directive from another court.

22

9.

23

LITIGATION

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

24

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

25

this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

26

connection with this litigation is protected by the remedies and relief provided by this Order.

27

Nothing in these provisions should be construed as prohibiting a Non-Party from seeking

28
9
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

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

2
3

Non-Party’s confidential information in its possession, and the Party is subject to an agreement

4

with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party that some or

5
6

all of the information requested is subject to a confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order

7
8

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

9

information requested; and

10

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

11

(c) If the Non-Party fails to object or seek a protective order from this court within 14

12

days of receiving the notice and accompanying information, the Receiving Party may produce the

13

Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely

14

seeks a protective order, the Receiving Party shall not produce any information in its possession or

15

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

16

by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and

17

expense of seeking protection in this court of its Protected Material.

18

10.

19

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

20

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

21

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

22

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

23

Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the

24

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

25

Agreement to Be Bound” that is attached hereto as Exhibit A.

26

11.

27

MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

28
10
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

When a Producing Party gives notice to Receiving Parties that certain inadvertently

1
2

produced material is subject to a claim of privilege or other protection, the obligations of the

3

Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

4

provision is not intended to modify whatever procedure may be established in an e-discovery order

5

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

6

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

7

communication or information covered by the attorney-client privilege or work product protection,

8

the parties may incorporate their agreement in the stipulated protective order submitted to the

9

court.

10
11
12
13

12.

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.
12.2

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

14

Order no Party waives any right it otherwise would have to object to disclosing or producing any

15

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

16

Party waives any right to object on any ground to use in evidence of any of the material covered

17

by this Protective Order.

18

12.3

Filing Protected Material. Without written permission from the Designating Party

19

or a court order secured after appropriate notice to all interested persons, a Party may not file in

20

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

21

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

22

Material may only be filed under seal pursuant to a court order authorizing the sealing of the

23

specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a

24

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

25

privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a

26

Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-

27

5(d) and General Order 62 is denied by the court, then the Receiving Party may file the

28
11
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

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

2

by the court.

3

13.

4

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

5

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

6

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

7

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

8

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

9

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

10

by the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected

11

Material that was returned or destroyed and (2)affirms that the Receiving Party has not retained

12

any copies, abstracts, compilations, summaries or any other format reproducing or capturing any

13

of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival

14

copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

15

correspondence, deposition and trial exhibits, expert reports, attorney work product, and

16

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

17

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

18

as set forth in Section 4 (DURATION).

19

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

20
21

DATED:

HINTON ALFERT & KAHN LLP
/s/
Peter W. Alfert
Attorney for Plaintiffs, LARRY EVANS, et al.

22
23
24
25
26
27
28

DATED:

DAVIS & YOUNG, APLC
/s/
Mark Davis
Attorney for Defendant, THERESA ALLENCAULBOY

12
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

DATED:

BERTRAND, FOX & ELLIOT

2

/s/
Michael Wenzel
Attorney for Defendant, DAVID WAX

3
4
5
6

DATED:

ANWYL, SCOFFIELD & STEPP, LLP

7

/s/
James T. Anwyl
Lynn A. Garcia
Attorney for Defendant, KAI MONTGOMERY

8
9
10
11

DATED:

EDRINGTON, SCHIRMER & MURPHY

12
/s/
Timothy P. Murphy
Attorney for Defendants, ANTIOCH UNIFIED
SCHOOL DISTRICT and KEITH ROGENSKI

13
14
15
16

DATED:

STUBBS & LEONE

17
/s/
Louis Leone
Claudia Leed
Attorney for Defendant, MICHAEL GREEN

18
19
20
21
22

PURSUANT TO STIPULATION, IT IS SO ORDERED.

23
24
25

DATED:

July 3, 2013

_____________________________________
LAUREL BEELER
United States District/Magistrate Judge

26
27
28
13
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

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

5

the Stipulated Protective Order that was issued by the United States District Court for the Northern

6

District of California on [date] in the case of ___________ [insert formal name of the case and

7

the number and initials assigned to it by the court]. I agree to comply with and to be bound by

8

all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to

9

so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly

10

promise that I will not disclose in any manner any information or item that is subject to this

11

Stipulated Protective Order to any person or entity except in strict compliance with the provisions

12

of this Order.

13

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

14

District of California for the purpose of enforcing the terms of this Stipulated Protective Order,

15

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 address and telephone number]

18

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

19

related to enforcement of this Stipulated Protective Order.

20
21

Date: ______________________________________

22

City and State where sworn and signed: _________________________________

23
24

Printed name: _______________________________

25
26

Signature: __________________________________

27
28
14
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15
STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION