Stillpath Retreat Center LLC v. San Mateo County

Filing 86

First Amended Stipulated Protective Order, granting as modified 85 Stipulation. Signed by Magistrate Judge Donna M. Ryu on 2/14/2017.(dmrlc1, COURT STAFF) (Filed on 2/14/2017)

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 1 of 14

1
2
3
4
5
6
7

DOWNEY BRAND LLP
ANTHONY L. VIGNOLO (Bar No. 203933)
JENNIFER L. WILLIAMS (Bar No. 261037)
KARINA R. STANHOPE (Bar No. 307147)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: 916.444.2100
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
STILLPATH RETREAT CENTER LLC

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

DOWNEY BRAND LLP

12
13

STILLPATH RETREAT CENTER LLC,
Plaintiff,

14
15

v.

16

Case No. 3:15-cv-01386-MMC
FIRST AMENDED STIPULATED
PROTECTIVE ORDER AS MODIFIED IN

COUNTY OF SAN MATEO,

SECTION 6

Defendant.

17
18
19

1. PURPOSES AND LIMITATIONS

20

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

21

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

22

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

23

Accordingly, Plaintiff STILLPATH RETREAT CENTER LLC and Defendant COUNTY OF

24

SAN MATEO (hereinafter collectively referred to as “the parties”) hereby stipulate to and

25

petition the court to enter the following Stipulated Protective Order. The parties acknowledge that

26

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

27

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

28

information or items that are entitled to confidential treatment under the applicable legal
1441156.3

1
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 2 of 14

1

principles. The parties further acknowledge, as set forth in Section 12.3, below, that this

2

Stipulated Protective Order does not entitle them to file confidential information under seal; Civil

3

Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be

4

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

5

2. DEFINITIONS

6

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

7

or items under this Order.

8

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

9

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

10

of Civil Procedure 26(c).

11
DOWNEY BRAND LLP

12

2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as
their support staff).

13

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

14

produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY

15

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

16

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

17

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

18

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

19

responses to discovery in this matter.

20

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

21

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

22

consultant in this action.

23
24

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.

25
26

2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
entity not named as a Party to this action.

27
28
1441156.3

2
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 3 of 14

1

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

2

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

3

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

4
5

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

6
7

2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.

8
9

2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,
photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
storing, or retrieving data in any form or medium) and their employees and subcontractors.

11

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

12
DOWNEY BRAND LLP

10

“CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

13

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

14

Producing Party.

15

2.15 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:

16

information or items that the Designating Party believes is extremely sensitive and disclosure of

17

which to another Party or Non-Party would create a substantial risk of serious harm that could not

18

be avoided by less restrictive means.

19

3. SCOPE

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

public record through trial or otherwise; and (b) any information known to the Receiving Party
1441156.3

3
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 4 of 14

1

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

2

obtained the information lawfully and under no obligation of confidentiality to the Designating

3

Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

4

4. DURATION

5

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

6

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

7

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

8

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

9

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

10

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

11

applicable law.

DOWNEY BRAND LLP

12

5. DESIGNATING PROTECTED MATERIAL

13

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

14

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

15

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

16

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

17

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

18

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

19

ambit of this Order.

20

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

21

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

22

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

23

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

24

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

25

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

26

Parties that it is withdrawing the mistaken designation.

27

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,

28

e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure
1441156.3

4
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 5 of 14

1

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

2

before the material is disclosed or produced.

3

Designation in conformity with this Order requires:

4

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

5

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

6

Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

7

EYES ONLY” to each page that contains protected material. If only a portion or portions of the

8

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

9

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

10

A Party or Non-Party that makes original documents or materials available for inspection
need not designate them for protection until after the inspecting Party has indicated which

12
DOWNEY BRAND LLP

11

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

13

of the material made available for inspection shall be deemed “CONFIDENTIAL” or “HIGHLY

14

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the

15

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

16

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

17

documents, the Producing Party must affix the “CONFIDENTIAL” or “HIGHLY

18

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page that contains Protected

19

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

20

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

21

markings in the margins).

22

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

23

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

24

proceeding, all protected testimony.

25

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

26

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

27

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

28

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of
1441156.3

5
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 6 of 14

1

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

2

identify the protected portion(s).

3

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

4

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

5

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

6

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

7

treated in accordance with the provisions of this Order.

8

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

9

6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality

11

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

12
DOWNEY BRAND LLP

10

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

13

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

14

original designation is disclosed.

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

the Challenging Party must explain the basis for its belief that the confidentiality designation was

23

not proper and must give the Designating Party an opportunity to review the designated material,

24

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

25

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

26

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

27

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

28
1441156.3

6
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 7 of 14

1

3

6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
they shall file a joint letter pursuant to the court's Standing Order regarding resolution
intervention, the Designating Party shall file and serve a motion to retain confidentiality under
of discovery disputes.
Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days

4

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

5

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

6

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

7

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

8

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

9
10

shall automatically waive the confidentiality designation for each challenged designation. In
seek court intervention pursuant to the Standing Order
addition, the Challenging Party may file a motion challenging a confidentiality designation at any

11

time if there is good cause for doing so, including a challenge to the designation of a deposition

12

transcript or any portions thereof. Any motion brought pursuant to this provision must be

13

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

14

and confer requirements imposed by the preceding paragraph.

DOWNEY BRAND LLP

2

15

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

16

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

17

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

18

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

19

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

20

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

21

designation until the court rules on the challenge.

22

7. ACCESS TO AND USE OF PROTECTED MATERIAL

23

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

24

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

25

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

26

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

27

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

28

DISPOSITION).
1441156.3

7
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 8 of 14

1

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

2

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

3

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

4

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

5

information or item designated “CONFIDENTIAL” only to:

6

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

7

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

8

for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that

9

is attached hereto as Exhibit A;

10

(b) the officers, directors, and employees (including House Counsel) of the Receiving
Party to whom disclosure is reasonably necessary for this litigation and who have signed the

12
DOWNEY BRAND LLP

11

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

13

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

14

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

15

Agreement to Be Bound” (Exhibit A);

16

(d) the court and its personnel;

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

Stipulated Protective Order.

26
27

(g) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.

28
1441156.3

8
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 9 of 14

1

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or

2

Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving

3

Party may disclose any information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’

4

EYES ONLY” only to:

5

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

6

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

7

for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that

8

is attached hereto as Exhibit A;

9

(b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
reasonably necessary for this litigation and who have signed the “Acknowledgment and

11

Agreement to Be Bound” (Exhibit A);

12
DOWNEY BRAND LLP

10

(c) The court and its personnel;

13

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

14

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

15

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

16
17

(e) 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

18
19

OTHER LITIGATION

20

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

21

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

22

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:

23
24

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

25

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

26

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

27

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

28
1441156.3

9
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 10 of 14

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

4

subpoena or court order shall not produce any information designated in this action as

5

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a

6

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

7

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

8

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

9

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

10

lawful directive from another court.
9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN

11
DOWNEY BRAND LLP

12

THIS LITIGATION

13

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

14

action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

15

EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is

16

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

17

be construed as prohibiting a Non-Party from seeking additional protections.

18

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

19

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

20

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

21
22

(1) promptly notify in writing the Requesting Party and the Non-Party that some or all of
the information requested is subject to a confidentiality agreement with a Non-Party;

23

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

24

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

25

information requested; and

26

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

27

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

28

days of receiving the notice and accompanying information, the Receiving Party may produce the
1441156.3

10
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 11 of 14

1

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

2

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

3

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

4

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

5

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

6

10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

7

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

8

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

9

Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the

11

Protected Material, (c) inform the person or persons to whom unauthorized disclosures were

12
DOWNEY BRAND LLP

10

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

13

“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

14
15

PROTECTED MATERIAL

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

protection, the parties may incorporate their agreement in the stipulated protective order

24

submitted to the court.

25

12. MISCELLANEOUS

26

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

27

its modification by the court in the future.

28
1441156.3

11
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 12 of 14

1

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

2

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

3

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

4

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

5

by this Protective Order.

6

12.3 Filing Protected Material. Without written permission from the Designating Party or

7

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

8

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

9

Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed
under seal pursuant to a court order authorizing the sealing of the specific Protected Material at

11

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

12
DOWNEY BRAND LLP

10

establishing that the Protected Material at issue is privileged, protectable as a trade secret, or

13

otherwise entitled to protection under the law. If a Receiving Party's request to file Protected

14

Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the

15

Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e)

16

unless otherwise instructed by the court.

17

13. FINAL DISPOSITION

18

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

19

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

20

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

21

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

22

Material. Whether the Protected Material is returned or destroyed, the Receiving Party must

23

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

24

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

25

the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has

26

not retained any copies, abstracts, compilations, summaries or any other format reproducing or

27

capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to

28

retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
1441156.3

12
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 13 of 14

1

legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work

2

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

3

Material. Any such archival copies that contain or constitute Protected Material remain subject to

4

this Protective Order as set forth in Section 4 (DURATION).

5

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

6
7

DATED: February 13, 2017

DOWNEY BRAND LLP

8
9

By:

/s/ Jennifer L. Williams
ANTHONY L. VIGNOLO
JENNIFER L. WILLIAMS
Attorney for Plaintiff
STILLPATH RETREAT CENTER LLC

10
11

13

DATED: February 13, 2017

KERR & WAGSTAFFE LLP

14
15

By:

16
17

/s/ Maria Radwick (as authorized on 02/13/17)
JAMES M. WAGSTAFFE
MARIA RADWICK
Attorney for Defendant
COUNTY OF SAN MATEO

18
19
PURSUANT TO STIPULATION, IT IS SO ORDERED.

24

IT IS

RT

26

onn
Judge D
ER

28
1441156.3

A

H

27

u

a M. Ry

NO

25

R NIA

23

_____________________________________
United States District Judge
ED
Magistrate JudgeDER
SO OR

FO

Feb. 14, 2017
DATED: ________________________

RT
U
O

22

S

21

S DISTRICT
TE
C
TA

LI

20

UNIT
ED

DOWNEY BRAND LLP

12

N

F
D IS T IC T O
R

13
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC

C

Case 3:15-cv-01386-MMC Document 85 Filed 02/13/17 Page 14 of 14

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

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

4

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

5

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

6

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

7

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

8

bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that

9

failure to so comply could expose me to sanctions and punishment in the nature of contempt. I
solemnly promise that I will not disclose in any manner any information or item that is subject to

11

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

12
DOWNEY BRAND LLP

10

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 address and telephone

18

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

19

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
27
28
1441156.3

14
FIRST AMENDED STIPULATED PROTECTIVE ORDER - CASE NO. 3:15-cv-01386-MMC