Ashker et al v. Schwarzenegger et al

Filing 182

ORDER Granting 181 Stipulated Protective Order. Signed by Judge Claudia Wilken on 2/6/2013. (ndr, COURT STAFF) (Filed on 2/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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.OAKLAND DIVISION

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GEO~GE

c 09 ..05796 cw

RUIZ, et al.,

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Plaintiffs, STIPULATED PROTECTIVE ORDER
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ED.MUND G. BROWN,,JR., et al.,
.Defendants.

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PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this actio~1 are likely to involve. the production of

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records oft~e California D~partn:ent of Corrections and Rehabilitation (CDCR) or Pelican Bay·

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State ~rison (PBSP) that concern prison ma.J.?.agement, reflect the ·personal infonnation of inmates,

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disclosure, disclosure .not authorized by law, and fro1n use for any purpose other than prosecuting.

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this litigation·n1aybe warranted. Accordingly,.the.Parties stipulate to and petition the Court to

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enter the following Stipulated Protective Order (Order). The Parties acknowledge that tllis Order.
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Stipulated Protective Order (C

09~0579~

CW)

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does not confer blanket protections on all disclosures or. responses to. discovery and that the

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protection it El.ffords extends only to the information or items that are entitled to confidential

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treatment under.applicable legal principles. The ~arties further acknowle~ge, as set forth in.

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Section 12.3, below, that this Order does not entitle thetn to file confidential infonnation under

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seal; Civil Local Rul~ 79-5 and General Order 62 set forth the procedures that must be followed

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and the standards that.will be applied when a Party seeks permission from the Court to file
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material under seal.

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2.

DEFINITIONS

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

infonnation or ite1ns under this Order.

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~'CONFIDENTIAL"

h1fonnation or Items: infonnation (re.gardless of how it is

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generated, stored, or 1naintained) or tangible things that a Party has designated in good faith to be

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confidential. The criteria for such a d~signation shall be· whether th~ Party has a good faith belief

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that the infonnation is entitl~~ to protection from disclosure WJder Rule 26( c) of the Federal Rules·

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of Civil. Procedure and/or Califonua sta~e law including, but not lhnited to, internal documents of

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CDCR or Pelican Bay regarding prison manage11;1ent, safety, and security.

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''CONFIDENTIAL-ATTORNEYS' EYES ONLY" Infcnmation or Items:

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information (regardless of how it is generated, stored, or maintained) or tangiblethings th~t a

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Party has designated in good faith to be confidential and for attorneys' eyes only. The criteria 'for

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su.ch a designation shall be whether .the Party has a good faith belief that the infonnation is
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entitled to protection from disclosure to 1ion-atton1eys, because such information threatens

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individual, imu~te, or pri~~n safety or security..

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Com1sel: Counsel of rec.ord in this case as well as tl~eir support staff. No imnate or

fb:nner irunate shall qualify as support staff in this case.

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Designating Party:· a Party or J:~on-PEu~ty that designates infonnati~n or iten1s as

HCONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY."
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2.6 · Disclosure or Discovery Mate:rlal: .all 'items or information, regardless. of the 1nedimn
or 1na1U1er in which it is generated, stored, or 1naintained (incl~ding, F.unong other things,
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Stip~la~ed Protective

Order (C 09"05796 CW)

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testimony, transcripts, and tangible things); that are produced or generated in disclosure~ or

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r.espons.es to discovery in this 1natter.

2.7 · Expert: a person with specialized lmowledge or experience in a: matter pertinent to

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

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c.onsultant in this actio1;1.

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Non. .Party: any natural person-, p~n~rship, corporation, association, or other legal
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Party: any party to this action,. inCluding all of its officers, directors, employees,

consultants~ retained experts, and Counsel (and· their support staff);

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

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entity not_.nan1ed as a Party to this action. ·

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. Material in this action.

2.11 Professional Vendors:· persons or entities that.provide litigation support services

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(e.g., photocopjlng,.videotaping, tratislating, preparing exhibits or d~monstrations, and

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

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subcontractors. Professional Vendors who visit CDCR institUtions must comply w:ith the

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institution's rules and entry procedures, as well as any applicable. portions of the Departinent

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Operations Manual and the California Cod~ .o.f Regulations.

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2J2 Protected Material: any Disclosure or Discovery Material that is designated as
"CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' BYES

ONLY.'~

2.13 Receiving Party: a. Party that receive~ Disclosure or Discovery Material fro1n.a

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Producing Party~

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3.

SCOPE

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The protections confelTed by this Order cover not only Protected Material (as_ defin~d

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above), but also: (1) any infonnation copied or extracted from Protected Material; (2) all copies,

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excerpts, sununaries, or con1pilations of Protected Material; and (3) any testitnony,· conversations,

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or pi·esentations by Parties or their Cou:psel that might r~veal Protected Material. However, the

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pr9tections conferred by this Order. do nbt cover the following infonnation: (a) any info~ation

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that is in.the public domain at tpe tilne of disclosure to a Receiving Party or becon1es part of the.

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Stipulated Pr~tective Order '(C 09-05796 CW)

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public don1ain after.its disclosure to a Receiving Ptlrty .as a result of publication not involying a

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violation of this Order, including becoming part of the public record through trial or otherwise;

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and (b) any information known to the Receiving Party prior to the dis?losure or obtained by the

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Receiving Party after the disclosure from a source who obtained the· infonnation lawfully and· is

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under no obligation of confidentiality' to the Designating Party. Any use of Protected Material at

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trial shall be goven1ed by a separate agreen1ent or order.

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DURATION

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Even after final dispositi~~ of this litigation, the confidentiality obligations imposed by thi.s

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Order shall retnain in effect until a Designating Pru.iy agrees otherwise in writing or a court order

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otherwise directs.

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DESIGNATING PROTECTED MATERIAL
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Exercise of Restraint and Care in Designating Material for Protection. Each Party or .

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Non-Party that designates information or iten1s for protection under this Order must. take care to

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limit any such designation to specific material that qualifies under the appropriate standar<ls. For

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any Disclosure or Discovery Material that in part contains Protected Material but does not qualify

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as Protected Material in its entirety, the Designating Party must designate for protection only

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. those parts of material, documents, items, or oral or written cotmnunications that qualify~ so

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that other portions of the 1naterial, documents, itetns, or com1nunications for which protection is

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not warranted may be disclosed without such designation.

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5.2

Redacting/Withholding Infonnation Endangering Safety. If the Designating Party

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believes in good faith that there are documents that contain information that should not be .

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disclosed under the Protective Order because to do so would endanger the safety and security of

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an institution or person, the Designating Party may withhold or redaqt that infonnation. The

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infonnation.

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A party or non-party may challenge the redaction or withholding of such infonnation at any

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tune· as described in Section 6 (CHALLENGING CONFIDENTIALITY DESIGNATIONS AND

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WITHHOLDING).
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Stipulated Protective Order (C 09-05796 CW)

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If it comes to a Designating Party's attention that infon11ation or items that it designated fqr

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protection or withheld do not qualify for protection or withholding, that Designating Party must

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pro1nptly notify all other Parties that it is withdrawing the mistaken designation and/or producing

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such information. ·

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5.3

Manner and Timing of Designations. Except as othetwise pro~rided i11 this Order

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Material that qualifie~ for protection un.der this Order must be clearly .so designated before the
material is disclosed or produced.
'Designation in confonnity with this Order requires:·

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(a) for infonnation in documentary fonn (e.g., paper or electronic documents, but.

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

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Party affix the legend ~'CONFIDENTIAl}? nr. "CONFIDENTIAL-ATTORNEYS' EYES ONLY"

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on its face, by wa~ermarking it, or by other mu~ally agreeable means, on each page design~ted· as

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Prote~ted

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

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or Protected Material or by making appropriate markings in the margins) ..
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. (b) for testimony given in deposition or in other pretrial or trial proceedings, that t~e ·

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Designating Party identify all protected testimony wi~ 7 business days of a hearing ~here no .

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court reporter was present, .or, in the case o~ a 'proceeding where a court reporter is present,

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7 busine~s days of receipt of the trans.cript.

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w~thin

(c) for infonnation produced in somefo11n other than documentary and for any other

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tangible items, that the Producing Party affi?C in f!- protninent place on the· exterior of the itern,

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container or containers in which the information· or itetn is stored the· legend "CONFIDENTIAL"

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or "CO~IDENTIAL-ATTORNEYS' EYES

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infonnation or iietn watrant prote~tion, the Producing Pa1iy, to the extent practicable, shall

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identify the protected portion(s).

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5.4

ONLY.'~

If only a portion or po1iions of the

Inadvertent Failures to Designate. An inadvertent failure to designate qualified

infonnation or ite1ns does !JOt, standing· alone, waive the Designating Party's pght to secure ..
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Stipulated Protective Order (C 0~-05796 CW)

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protection under tpis Order for such material, and the Receiving Patiy 1nust 1nake reasonable

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effotis to assure that the 1naterial is treated in accordance with the provisions of this Order.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS AND WITHHOLDING

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6.1 · Titning of Challenges. Any Party or Non-Party may challenge a desiguation of

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confidentiality, redaction, or withholding of information at any tilne. Unless a protnpt challenge

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to a Designating Party's designation is necessary to avoid foreseeable, substantial unfairness,

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unnecessary economic burdens, or a significant disruption or 9-elay of the litigation, a Party does ·

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not waive its right. to challenge a ?onfident~ali~y designation by electing not to mount a challenge

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protnptly after the original designation is· disclosed.

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Meet and Confer. The Challenging Pru.iy shall initiate the dispute resolution process

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by providing written notice of each designati~n, re.daction, or withholding it is challenging and ·

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describing the. basis for each challenge. To avoid am~iguity as to whether a challenge has been

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made, the written· notice must recite that the challeng~ is being made in ~ccordance with this

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specific paragraph of the Order. The J;>arties shall attempt to resolve each challenge in good faith.

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and must begin the process by confening directly within 14 days of the date of senrice of notice.

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In confening, the Challenging Party must explain the basis for its belief that the designation,

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redaction, or withholding was not proper and tnust. give.the Designating Party an opportunity to .

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review the material, to reconsider th~ circumstances, and, if no change in designation is offered,

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to explain the basis for the chosen designation.·

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stage of the challenge process only if it has engaged in this 1neet·and-c<;>nfer process first or

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establishes tha~ .the De.signating Party is unwilling to participate in the meet-and-confer process in

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a timely1nanner.

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AChallenging Party may proceed to the next

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6.3

Judicial futervention.

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If the parties cannot resolve a challenge without court intervention, the Designating Party

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shall file and serve a motion to retain confidentiality under Civil Local Rule 7 (and in cotnpliance

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with Civil Local Rules 79-5 and General Order 62, if applicable), or a Motion for a Protective
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Order approving ~he withholding or redaction ofinfonnation, with;in 21 days of the initial notice

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o~ challenge 01~ within

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14 days of the parties agreeing that the 1neet and confer process will nqt
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Stipulated Protective Order (C 09-05796 CW)

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r~solve

their dispute, whichever is e~rlier .. Each ~uch motion must be accotnpanied by. a

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competent declaration affinning that the movant has complied '\Vith the meet and confer

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requiretnents imposed in the preceding paragraph.

In addition, the Challenging Party may file a n:-otion challenging the withholding or

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

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the designation of a depo~ition transcript or any portions thereof. Any tnotion brought pursuant

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to this provision must be acCOlUpanied by a COmpetent declaration affirming that the lTIOVant has

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complied with the meet and confer requiretnents imposed above.

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Upon such tnotion, the party redacting or withholding infonnation will prc;sent the tnaterial

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to the Court for an in camera review to determine whether and to what extent such infonnation

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1nust be disclosed arid, if so, what designation i~ appropriate.

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. The provisions of this Order are without prejudice to the right of any Party or Non-Party to·

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apply to the Court for: (i) a further protective order preventing disclosure or relating to the

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confidentiality designation of any Protected Material; or (ii) an orde:t; seeking the removal of a

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confidentiality designation asserted in connection with any Protected Material.
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ACCESS TO AND USE OF PROTECTED MATERIAL

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Basic Principles. A Receiving Partytnayuse Protected Material that is disclosed or.

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produced by another Party or by a Non-Party in co1U1ection wi~ this case only for prosecuting,

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defending, or at~empting to settle this litigation. Such Prote.cted Materialtnay be disclose~ only.

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to the categories of persons .and under the co11:dit~ons described in this Order .. When the litigation

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has beentenninated, a Receiving Party must cotnply with the provisions of Section 13 below

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(FINAL DISPOSITION). During the pendency of this litigation, Protected Materialtnust be

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stored'and.maintained by a Receiving rarty'at a location and in a secure 1na1U1er that ensures that

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access is .~ilnited to only those persons authorized under this Order.

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7.2

Disclosure of"CONFIDENTIAL" Infonnation or Ite1ns.· Unless otherwise ordered

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by the Court or pennitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated ''CONFIDENTIAL" ollly to:

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Stipulated Protective Order (C 09.:05796 CW)

(a) the Receiving Party's Counsel in this action, as well as en1ployees of said Counsel

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to Vt'ho1n it is reasonably necessary to

disclos~

the infonnation for this litigation;

(b) Experts (as defined in this Order) of the Receiving Party to whom ~isclosure is

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'reasonably necessary for this litigation and who have signed the "Acknowledgtnent and

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Agreement to Be Bound" (E:x;:hibit A);·

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(c) the Court and its P.ersormel;

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

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Professional Vendors to whon1 disclosure is reasonably necessary for this litigation and who have signed

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the "Acknowledgment and Agreen1ent to Be Boundn (Exhibit A);

(e) during their depositions, 11on~inmate witnesses in the action to whom disclosure is

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reasonably necessary, has signed the "Acknowledgment and Agree1nent to Be Bound" (Exhibit

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A)~

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the :vitness· does not leave any ~eposition with copies of any ~rotect~d Material. Pages of

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t~anscribed

llllless otherwise agreed by the Designating Party or ordered by the Court, and prqvided ~hat

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deposition tf.sthnony pr exhibits to depositions that reveal Protected Material must be
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sep~ately bound by the 'court reporter, and may not be dis~losed to anyone except as pennitted
under· this Order;

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.(f) the imnate to whom.the.document pertajns, as discussed in section 7.3, below.

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7.3 Ininate Access to Inmate Files. Thi~ ·order is n~t intended to abrogate the existing

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rights of irunates to inspect their own records'- .specifically, the non-:-confidential portion of their

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central files in addition to their unit health records-. pursuant to.Departrnent Operations Manual

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§ 13030.16. ·unless othetwise.ordered l;lythe Court, pe~itted. in writingby the Designating .

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Party, or with approptiate valid authorization, any infonnation.·or ite1n designated Confidential

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· unQ.er this Order shall ·not be disclosed or discussed with any o.ther ilunate other than the imnaJe to
:who1n the info11nation or iten1 pertains.
7.4 · Disclosure of "CONFID ENTIA.L-ATTORNEYS' EYES ONLY'·' Infonnation or
Items .. Unless othetWise ordered by the Court or pennitted in writing by the Designating Part)t.,
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Counsel for' the Receiving .Party tnay not' disclose ~y information or item designated

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"CONFIDENTIAL-ATTORNEYS' EYES ONLY" to Plaintiffs, n1ernbers of.Plaintiffs? families,
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Stipulated Protective o·rder (C 09~05796 CW)

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friends or associates of Plaintiffs, or to any other i:QJ.nate, par.olee, any person previously in .the

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custody of CDCR or any of their relatives, friends, or associates, or the public. Unless otherwise

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ord~red by the Court or permitted· in writi~g by the D~signating Party, only Coun·sel for the

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Receiv~ng Party may have acces~ to and r~view any infonnation or item designated

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"CONFIDENTIAL-ATTORNEYS' EYES ONLY." Staff employed by Counsel will not disc~ose

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any item ~r information de$ignated "CONFIDENTIAL--ATTORNEYS' EYES ONLY," or 1nake
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copies of any ite1n or information so designated, except as necessary for this litigation. Counsel

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is responsible for ensuring that their staff co1nplies with this Order.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION.
If a ~arty is served.with a subpoena or a ~ourt order issued in other li~igation that compels

disclosure of any infohnation or items designated in this action as "CONFIDENTIAL" or
'~CONFID~NTIAL-ATTORNEYS'

EYES ONLY," that.~artymust:

· (a) pro1nptly notify in writing the Designating Party. Such no~ifi~ation shall include a
copy of the subpoena or court order;

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(b) pro?lptly notify in writing the Party who caused the subpoena or order to issue in

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the other litigation that some or all of the ~ate~al coyered by the subpoena or order is.subject to

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

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(c) cooperate with respect to all reasonable proced"!Jres sought to be pursued by the
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Designating Party whose Protected Material may b.e affected.

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If the· Designating Party thnely seeks-a protective order, the Party served with the subpoena

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·or court order shall not produce any in:fonnation designated in this action as "CONFIDENTIAL"

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or "CONFIDENTIAL-ATTORNEYS'. EYES ONLY" before a determination by the court from

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which the subpoena or order issued, unless the Party has obtained the Designating Party's ·

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pennission. The Designating Party shall bear the burden and expense of seeking prote~tion in

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that court of its confidential material, an~ not~ng in these provisions s~ould be construed as

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authorizing or encouraging a Receiving Party in this action to disohey a lawful" directive froni

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Stipulated Protective Order (C 09-05796 CW) ·

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another court.

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A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION.

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

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this action and designated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES

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ONLY." Such information produced by Non-Parties in coru1ection with this litigation is

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protected by the re1nedies and relief provided by th1s Order. Nothing in these provisions should

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be construed as prohibiting a NoJ?.-Party from seeking additional protections.
(b) In the event that a Party is r~quired, by a valid discovery request, to produce a

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Non-Party's confidential infonnation.in its possession, and the Party is subject to an agree1nent

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w~th the Non-Party not to produce the Non-Party.'s confidential information, then the Party shall: ·

(1) pro1nptly notify in writing the Requesting Party and the Non-Party that

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some or all of the infom1ation requested is subject to a confidentiality agreement with a Non- ·

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Party;

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

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the r~levant dis?overy request(s), and a reasona~ly specific description of the infom1ation

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requested;··and

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(3) 1nake the information requested available for inspection by the Non-Party.

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(c) If the Non-P~y fails to object or seek a protective order fro1n this Court wit~in

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14 days of receiving the notice· and acc01npanying infonnation, the Receiving Party may produce

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the Non-Party's confidential infonnation responsive to the discovery request. If the Non-Party

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

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possession or control that is subject to the confidentiality agree1nent with the Non-Party before.a

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determination by the Court. 1 Absent a court order to the contrary,, the Non-Party shall bear the

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

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The purpose of this provision i~ to alert the interested parties to the existence of
confidentiality rights of a Non-Party and to afford·theNon-Party an opportunity to protect its
confidentiality interests in this Court:
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Stipulated Protective Order (C 09-05796 CW)

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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 llJ:l:der this Order,. the Receiving

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Party tnust 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 Matepal, (c)

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infonn the person or persons to whotn unauthorized disclosures ~ere made of all the tenns of this

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Order, and (d) request such person or persons .to execute the "Acknowledgment and Agree1nent to

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Be Bound" that is attached hereto as Exhibit A.

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In the event the Receiving Party believes that information or iten1s labeled
~'CONFIDENTIAL-ATTORNEYS' EY~S ONLY," have been viewed.·or obtained by persons

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other than those authorized un~er the Order, the Receiving Party tnust ilmnediately (a) notify in

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writing the· Designating Party of the unauthorized dis.closures·, (b) identify the persou or persons

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to whotn unauthorized disclosures were tnade, {c) inforin the person or persons to whom

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· unauthorized disclosures were made of all the terms of this Order, and (d) use its best efforts to

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·re~eve all.u~authorized copies of the Protected Material.

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11.

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

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL ../.
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produc~d·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 .
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provisi?n is not intended to tnodify whatever procedUre lnay 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'agree1nent on the effect of disclosure of a
co1mnunication or info!lnat~on·covered by the attorney-client privilege or work-product
· protection, the Parties may incorpor~te their agree1nent in the stipulated protective order
submitted to the Court.
12.

MISCELLANEOUS.

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Stipulated Protective Order (C 09-05799 CW)

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· 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
its tnodification by the Court in the future.
12.2 Right to'Assert Other Objections. By stipulating to.the entry of this Order,

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

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infonnation or itetn on any ground not addr~ssed in this Order~ Similarly, no Party waives any

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right to object on a:f!.y ground to us_e in evidence of any of the 111:a~erial covered by this Order.

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

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

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

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Protected Material must comply with Civil Local Rule 19-5 and General Order 62. Protected

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Material niay only be filed under seal pursuant to a Court order authorizing the sealing of the

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specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and-Genera~ ·order 62, a

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sealing order will issue only upon a req~est establishing that the Protected Material at issue may

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threaten the safety o{any individual or security of a CDCR institution, is privileged, or otherwise

15

entitled to protection under the F eqeral Rules of Civil Procedur~ or Califorriia law. If a Receiving

J

· 16

Party's reques~ to file Protected Material under seal pursuant to Civil Local Rule 79-S(d) and.

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General Order 62 is denied by'the Court, then the Receiving Party 1nay file the. infonnation in the

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public record pursuant to Civil Local Rule 79 .. 5(e), unless otherwise instructed py the Court.

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. 1~.4 Access to Protected Material By Authorized Govennnent Officials: Nothing in this
.

.

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Order is intended to prevent officials· or employees of the· State of Califori:ria or other authorized

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government offiCials fro1u having access to Prot.ected Material to which they have access in the

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normal course of their official duties.

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13.

FINAL DISPOSITION ·

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Final disposition shall be deetne~ to be the later of:. (1) distnissal of all clahns and defenses

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in this action, with or without prejudice; and (~) final judgtp.ent h~rein after the cotnpletion and

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exhaustion of all appeals, rehearings, remands, tJ;ials:, or reviews of this action, including the tilne

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lhnits for filhig any tnotions or applications for extension of time· pursuant to ·applicable law:

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Within 60 days .after the final disposition of this action, each Receiving Party 1nust return all .
12
Stipulated Protective Order (C 09-05.796 CW)

1

Protected Material to the Producing Party or destroy s~ch material. As used in this subdivision,

2

"all Protected Material" includes all copies, abstracts, compilations, summaries, and any 9ther .

3

format reproducing or capturing any of the Protected Material. Whether the Protected Material is

.

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· 4·

returned or destroyed, the Receiving Party 1nust sub1nit a written certification to the Pro~ucing

5

Party (and., if not the smne person or entity, to the De$ignating Party) by the 60 day deadline that:

6

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

7

destroyed; and (2) affirms that the Receiving Party has not retain,ed any copies, abstracts,

8

compilations, srunmaries, or any other fonnat reproducing or capturing any of the Protected

.

.

·9

Material. ·Notwithstanding this provision, counsel are. entitled to retain an archival copy .of all

10

pleadings, ~otion papers·, trial, deposition, and hearing transcripts, legal1nemoranda,

11

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

12

consultant and expert work product, even if such 1naterials contain Protecte~ Material. Any such

13

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

14

Ill

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Ill

16.

Ill

17

Ill

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Ill

19

Ill

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Ill

21

Ill

22.

Ill

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Ill

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Ill

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Ill

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Ill

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Ill

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Ill
13

Stipulated Protective Order (C 09-0.5796 CW)

Jan

Richard S Kolomejec,

23 13 07:04p

Att~

[phone]

Order as set forth in Section 4 (QUR..A.TION).
IT IS SO STIPULATED, THROUGH COUN.SEL OF R.P;. ORb~//~·.

3

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/

~-/

DATED: JanuatY"::::::,20l3
4

·/

,'

/

.

. r· . ..,./""
.
',.,n
I
. .... .---<·~-...,_. .,_
Ch~_,s,. _Garb·one .
.
Counselfor Plaintiffs

,

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9

PURSUANT TO SilPULATlON> IT IS SO ORDERED:

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13

DAT:aD: February 6,2013
January___, 2013
The Honorable Claudia Wilken
United States District Court Judge

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Stipulated Protective Order (C .Q9~05796 CW)

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,-----------~ [pri.n~ or type full name]~ of

·4

[print or type full. address],

5

declare under P.enalty of perjury that I have read in its entirety and understand the Stipulated

6

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

7

California on·December

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I agree to comply with and to be bound by all the tenns of this S.tipulated Protective Order, and r·

9

understand and

10

, 2012 in the case of Ruiz, et al. v. Brown, et al., No. 09 .. 05796 CW.

ackno~ledge

that failure to so cotnply could ~~pose 1ne to sanctions and

punislunent in the nature of contempt,. 1 solemnly promise that I will not disclose in any 1nanner.
.
.
'

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any information or item that is subj yct to .this Stipulated Protective <?rder to any person or entity

12

except in strict compliance with the provisions of this- C?rder. .

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I further agree to submit to the jurisdiction of the United States District Court for the
.
.
Northern District of California for the p~ose of enforcing the tenns of this Stipulated .Protective

15

Order, even if such enforcement ptoceedings 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

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address and telephone n:umber] as my Cal~fornia agent for service of process in connection with

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this action or any proceedings· related to enforcement of this Stipulated Protective Order.

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.Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _
r..

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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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. 26

SF20 12204868
20661718.doc

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Stipulated Protective! Order (C 09-05'796 CW)

CERTIFICATE OF SERVICE
Case Name:

G. Ruiz, J. Franklin, T. Ashker,
G. Franco, G. Reyes, R.
Johnson, D. Troxell, P. Redd, L.
Esquivel, and R. Dewberry v. E.
Brown, et al.

No.

C 09-05796 CW

I hereby certify that on February 5, 2013, I electronically filed the following documents with
the Clerk of the Court by using the CM/ECF system:
STIPULATED PROTECTIVE ORDER
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on February 5, 2013, at San Francisco,
California.

F. Triplitt
Declarant
40651946.doc

/s/F. Triplitt
Signature