Armstrong, et al v. Davis, et al
Filing
2421
ORDER by Judge Claudia Wilken Granting 2420 Stipulation Regarding Prison Facilities (ndr, COURT STAFF) (Filed on 7/1/2014)
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PRISON LAW OFFICE
DONALD SPECTER – 83925
REBEKAH EVENSON – 207825
CORENE KENDRICK – 226642
PENNY GODBOLD – 226925
1917 Fifth Street
Berkeley, California 94710
Telephone: (510) 280-2621
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ROSEN BIEN GALVAN & GRUNFELD LLP
MICHAEL W. BIEN – 096891
GAY C. GRUNFELD – 121944
BLAKE THOMPSON – 255600
MICHAEL FREEDMAN - 262850
315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
Telephone: (415) 433-6830
DISABILITY RIGHTS EDUCATION &
DEFENSE FUND, INC.
LINDA KILB – 136101
2212 Sixth Street
Berkeley, California 94710
Telephone: (510) 644-2555
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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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OAKLAND DIVISION
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JOHN ARMSTRONG, et al.,
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Case No. C94 2307 CW
Plaintiffs,
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER REGARDING
PRISON FACILITIES
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v.
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EDMUND G. BROWN JR. et al.,
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Defendants.
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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Plaintiffs and Defendants (the “parties”) agree that disclosure and discovery activity in
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this action are likely to involve production of confidential blueprints, drawings, or photographs
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regarding prison facilities, including but not limited to information about the layout and
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construction of prison cells and the interior structure of prison cell-walls, and cell-door control
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and locking mechanisms, for which special protection from public disclosure and from use for
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any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties
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hereby stipulate to and petition the court to enter the following Stipulated Protective Order.
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The parties acknowledge that this Order does not confer blanket protections on all disclosures
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or responses to discovery and that the protection it affords from public disclosure and use
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extends only to the limited information or items that are entitled to confidential treatment under
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the applicable legal principles. The parties further acknowledge that Civil Local Rule 79-5 sets
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forth the procedures that must be followed and the standards that will be applied when a party
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seeks permission from the court to file material under seal.
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1.
Defendants may designate as “Protected Material” covered by this Protective
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order any blueprints, drawings, photographs, or information about prison facilities that contain
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sensitive information about the layout and construction of prison cells and the interior structure
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of prison cell-walls, and cell-door control and locking mechanisms. Protected Material shall
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not include any photographs or drawings that depict areas or structures visible to the naked eye
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in areas accessible to prison inmates. Defendants shall use good faith in designating any
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information Protected Material. The criteria for such a designation shall be whether
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Defendants believe in good faith that the information is entitled to protection from disclosure
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under California state law.
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2.
To the extent it is practical to do so, Defendants must designate for protection
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only those parts of material, documents, items, or oral or written communications that qualify –
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so that other portions of the material, documents, items, or communications for which
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protection is not warranted are not swept unjustifiably within the ambit of this Order.
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3.
Mass, indiscriminate, or routinized designations are prohibited. Designations that
are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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unnecessarily encumber or retard the case development process or to impose unnecessary
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expenses and burdens on other parties) expose the Designating Party to sanctions.
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4.
If it comes to a Designating Party’s attention that information or items that it
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designated for protection do not qualify for protection at all or do not qualify for the level of
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protection initially asserted, that Designating Party must promptly notify all other parties that it
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is withdrawing the mistaken designation
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5.
A Party that received Protected Material is a “Receiving Party.”
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6.
To designate material as “Protected Material,” Defendants shall mark such
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material as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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The Receiving Party shall use its best efforts to ensure that prison blueprints and
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construction drawings as to specific prison facilities or portions thereof that meet the definition
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of Protected Material are kept confidential even if Defendants have not affixed the legend
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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains protected
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material, and regardless of the date when it was produced to Plaintiffs.
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8.
The protections conferred by this Stipulation and Order cover not only Protected
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Material (as defined above), but also (1) any information copied or extracted from Protected
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Material that meets the definition of “Protected Material”; (2) all copies, excerpts, summaries,
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or compilations of Protected Material that meets the definition of “Protected Material”; (3) any
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photographs or data regarding prison facilities, their layout, and the components of cell walls,
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doors, and door control mechanisms that meets the definition of “Protected Material”, and (4)
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any testimony, conversations, or presentations by Parties or their Counsel that might reveal
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information that meets the definition of “Protected Material.” However, the protections
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conferred by this Stipulation and Order do not cover the following information: (a) any
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information that is in the public domain at the time of disclosure to a Receiving Party or
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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
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record through trial or otherwise; and (b) any information known to the Receiving Party prior
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to the disclosure or obtained by the Receiving Party after the disclosure from a source who
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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obtained the information lawfully and under no obligation of confidentiality to the Designating
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Party. Any use of Protected Material at trial shall be governed by a separate agreement or
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order.
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Disclosure of “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” Information
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or Items. Unless otherwise ordered by the court or permitted in writing by the Designating
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Party, a Receiving Party may disclose any information or item designated or defined above as
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“CONFIDENTIAL - ATTORNEYS’ EYES ONLY” only to:
(a) the Receiving Party’s Counsel of Record in this action, as well as employees
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of said Counsel of Record to whom it is reasonably necessary to disclose the
information for this litigation;
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(b) Experts of the Receiving Party to whom disclosure is reasonably necessary
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for this litigation and who have signed the “Acknowledgment and Agreement to Be
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Bound” (Exhibit A);
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(c) the court and its personnel.
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If any person or entity covered by this protective order is served with a subpoena
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or a court order issued in other litigation that compels disclosure of any information or items
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designated by Defendants as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to
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this Protective Order that Party must:
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(a) promptly notify the Defendants in writing or by email. Such notification
shall include a copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to
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issue in the other litigation that some or all of the material covered by the subpoena or
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order is subject to this Protective Order. Such notification shall include a copy of this
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Stipulated Protective Order;
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(c) If Defendants timely seek a protective order, the Party served with the
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subpoena or court order shall not produce any information designated as
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“CONFIDENTIAL - ATTORNEYS’ EYES ONLY” before a determination by the court
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from which the subpoena or order issued, unless the subpoenaed Party has obtained
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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Defendants’ permission to produce the information. The Defendants shall bear the
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burden and expense of seeking protection in that court of its confidential material – and
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nothing in these provisions should be construed as authorizing or encouraging a
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Receiving Party in this action to disobey a lawful directive from another court.
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(d) If Defendants do not timely move for a protective order, the Party served with
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the subpoena may produce the subpoenaed material notwithstanding the terms of this
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Protective Order.
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11.
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
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Protected Material to any person or in any circumstance not authorized under this Stipulated
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Protective Order, the Receiving Party must immediately (a) notify in writing the Designating
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Party of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies
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of the Protected Material, (c) inform the person or persons to whom unauthorized disclosures
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were made of all the terms of this Order, and (d) request such person or persons agree to
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execute the “Acknowledgement and Agreement to Be Bound” that is attached hereto as Exhibit
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A.
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Within 60 days after the conclusion of this litigation, any Protected Material
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designated by Defendants as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to
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this Protective Order, including copies, that remains in Plaintiffs’ possession shall be destroyed
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or returned to Defendants.
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13.
Any person or entity who receives Protected Material designated by Defendants
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as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to this Protective Order shall
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only use it in this litigation and not for any other purpose, including other litigation.
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14.
Any Protected Material designated by Defendants as “CONFIDENTIAL -
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ATTORNEYS’ EYES ONLY” pursuant to this Protective Order filed with the Court shall be
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filed under seal, labeled with a cover sheet bearing the case name and number along with the
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following statement: “This document is subject to a protective order issued by the Court and
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shall not be copied or examined except in compliance with that order.” Documents so labeled
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shall be kept by the Clerk of the Court under seal and shall be made available only to the
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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Court, the Court-appointed expert witness, or counsel. If the filing party fails to file Protected
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Material under seal, any party may request that the Court place the document under seal.
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No person who has been afforded access to Protected Material designated by
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Defendants as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to this Protective
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Order shall disclose or discuss the information to or with any person except in accordance with
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this Protective Order.
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Nothing in this Protective Order is intended to prevent officials or employees of
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the State of California or other authorized government officials from having access to
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information to which they have access in the normal course of their official duties.
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The provisions of this Protective Order are without prejudice to any party’s right
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to 1) apply to the Court for a further protective order relating to any information or relating to
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discovery in this litigation; 2) apply to the Court for an order removing Protected Material
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from any documents; 3) apply to the Court for an order removing the designation of
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“Protected Material” made by Defendants from a document; 4) object to a discovery request;
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or 5) apply to the Court to modify or rescind this Protective Order.
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The provisions of this Protective Order shall remain in full force and effect until
further order of this Court.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: June 25, 2014
KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
Supervising Deputy Attorney General
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__/s/___________________________
JAY M. GOLDMAN
Supervising Deputy Attorney General
Attorneys for Defendants
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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Dated: June 25, 2014
PRISON LAW OFFICE
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_______/S/_______________________
REBEKAH EVENSON
Attorneys for Plaintiffs
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: ________________________
July 1, 2014
_____________________________________
The Hon. Claudia Wilken
United States District Court
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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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
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penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued
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by the United States District Court for the Northern District of California on _____________________[date] in
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the case of Armstrong, et. al. v. Brown, et. al., United States Northern District Court Case No. C 94-2307 CW.
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I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and
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acknowledge that failure to so comply could expose me to sanctions and punishment in the nature of contempt.
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I solemnly promise that I will not disclose in any manner any information or item that is subject to this
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Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court for the Northern District of
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California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement
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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
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and telephone number] as my California agent for service of process in connection with this action or any
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proceedings related to enforcement of this Stipulated Protective Order.
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Date:
_________________________________
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City and State where sworn and signed:
_________________________________
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Printed name:
______________________________
Signature:
__________________________________
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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As required by Local Rule 5-1, I, Rebekah Evenson, attest that I obtained concurrence
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in the filing of this document from Jay M. Goldman and that I have maintained records to
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support this concurrence.
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June 25, 2014
PRISON LAW OFFICE
/s/ Rebekah evenson
By: Rebekah Evenson
Attorneys for Plaintiffs
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[PROPOSED] PROTECTIVE ORDER CASE NO. C94 2307 CW
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