Stribling v. Brown et al

Filing 49

STIPULATED PROTECTIVE ORDER. Signed by Judge Yvonne Gonzalez Rogers on 8/7/17. (fs, COURT STAFF) (Filed on 8/7/2017)

1
2
3
4
5
6
7

DAVID B. NEWDORF (SBN 172960)
RYE P. MURPHY (SBN 289427)
TAEVA C. SHEFLER (SBN 291637)
NEWDORF LEGAL
630 Thomas L. Berkley Way, Suite 103
Oakland, CA 94612
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Aaron Lamont Stribling

8
9
10
11
12
13
14
15

XAVIER BECERRA
Attorney General of California
MARISA Y. KIRSCHENBAUER
Supervising Deputy Attorney General
ALLISON M. LOW
Deputy Attorney General
State Bar No. 273202
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
Aragon, Franco, Picazo, Poodry, Valles

16
17

IN THE UNITED STATES DISTRICT COURT

18

FOR THE NORTHERN DISTRICT OF CALIFORNIA

19

OAKLAND DIVISION

20
21
AARON LAMONT STRIBLING,

4:15-cv-03337 YGR

22
Plaintiff, [PROPOSED] STIPULATED
PROTECTIVE ORDER

23
v.
24
25
26

Judge:

The Honorable Yvonne
Gonzalez Rogers
Trial Date:
Not yet set
Action Filed: July 20, 2015

BROWN, et al.,
Defendants.

27
28
1
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2

1.

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

3

confidential or private information for which special protection from public disclosure and from

4

use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the

5

parties hereby stipulate to and petition the court to enter the following Stipulated Protective

6

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

7

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

8

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

9

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

10

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

11

information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and

12

the standards that will be applied when a party seeks permission from the court to file material

13

under seal.

14

2.

DEFINITIONS

15

2.1

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

16
17

information or items under this Order.
2.2

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

18

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

19

of Civil Procedure 26(c).

20

2.3

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

21

information (regardless of how it is generated, stored, or maintained) or tangible things that a

22

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

23

such designation shall be whether the Party has a good-faith belief that the information is entitled

24

to protection from disclosure to non-attorneys, because such information threatens the safety of

25

individuals or inmates, or threatens the safety and security of a prison. “Attorneys” shall be

26

limited to the counsel of record in this case, their support staff, and Expert(s).

27
28

2.4

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

as their support staff).
2
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

2.5

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

produces in disclosures or in responses to discovery as “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
2.6

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

or manner in which it is generated, stored, or maintained (including, among other things,
testimony, transcripts, and tangible things), that are produced or generated in disclosures or
responses to discovery in this matter.
2.7

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

the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
consultant in this action.
2.8

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

Counsel does not include Outside Counsel of Record or any other outside counsel.
2.9

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

entity not named as a Party to this action.
2.10 Outside Counsel of Record: attorneys who are not employees of a Party to this action
but are retained to represent or advise a Party to this action and have appeared in this action on
behalf of that Party or are affiliated with a law firm which has appeared on behalf of that Party.
2.11 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).
2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.
2.13 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.

26
27
28
3
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

2.14 Protected Material: any Disclosure or Discovery Material that is designated as
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
///
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
Producing Party.
3.

SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material
(as defined above), but also (1) any information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
However, the protections conferred by this Stipulation and Order do not cover the following
information: (a) any information that is in the public domain at the time of disclosure to a
Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
a result of publication not involving a violation of this Order, including becoming part of the
public record through trial or otherwise; and (b) any information known to the Receiving Party
prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
obtained the information lawfully and under no obligation of confidentiality to the Designating
Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
4.

DURATION

Even after final disposition of this litigation, the confidentiality obligations imposed by this
Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
and defenses in this action, with or without prejudice; and (2) final judgment herein after the
completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
including the time limits for filing any motions or applications for extension of time pursuant to
applicable law.
5.

DESIGNATING PROTECTED MATERIAL

28
4
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

5.1

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

Non-Party that designates information or items for protection under this Order must take care to
limit any such designation to specific material that qualifies under the appropriate standards. The
Designating Party must designate for protection only those parts of material, documents, items, or
oral or written communications that qualify – so that other portions of the material, documents,
items, or communications for which protection is not warranted are not swept unjustifiably within
the ambit of this Order.
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 unnecessarily
encumber or retard the case development process or to impose unnecessary expenses and burdens
on other parties) expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it designated for
protection do not qualify for protection, that Designating Party must promptly notify all other
Parties that it is withdrawing the mistaken designation.
5.2

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

(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic documents, but
excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
Party affix the legend “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
ONLY” to each page that contains protected material. If only a portion or portions of the material
on a page qualifies for protection, the Producing Party also must clearly identify the protected
portion(s) (e.g., by making appropriate markings in the margins).
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

28
5
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

material it would like copied and produced. During the inspection and before the designation, all
of the material made available for inspection shall be deemed “CONFIDENTIAL.” After the
inspecting Party has identified the documents it wants copied and produced, the Producing Party
must determine which documents, or portions thereof, qualify for protection under this Order.
Then, before producing the specified documents, the Producing Party must affix the
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” legend to each page
that contains Protected Material. If only a portion or portions of the material on a page qualifies
for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by
making appropriate markings in the margins).
(b) for testimony given in deposition or in other pretrial or trial proceedings, that the
Designating Party identify on the record, before the close of the deposition, hearing, or other
proceeding, all protected testimony.
(c) for information produced in some form other than documentary and for any other
tangible items, that the Producing Party affix in a prominent place on the exterior of the container
or containers in which the information or item is stored the legend “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions of the
information or item warrant protection, the Producing Party, to the extent practicable, shall
identify the protected portion(s).
5.3

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

designate qualified information or items does not, standing alone, waive the Designating Party’s
right to secure protection under this Order for such material. Upon timely correction of a
designation, the Receiving Party must make reasonable efforts to assure that the material is
treated in accordance with the provisions of this Order.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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

28
6
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
challenge a confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.
6.2

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

by providing written notice of each designation it is challenging and describing the basis for each
challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
recite that the challenge to confidentiality is being made in accordance with this specific
paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good
faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of
communication are not sufficient) within 14 days of the date of service of notice. In conferring,
the Challenging Party must explain the basis for its belief that the confidentiality designation was
not proper and must give the Designating Party an opportunity to review the designated material,
to reconsider the circumstances, and, if no change in designation is offered, to explain the basis
for the chosen designation. A Challenging Party may proceed to the next stage of the challenge
process only if it has engaged in this meet and confer process first or establishes that the
Designating Party is unwilling to participate in the meet and confer process in a timely manner.
6.3

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

intervention, the parties shall follow the Court’s Standing Order in Civil Cases regarding

19

Discovery and Discovery Motions. The parties may file a joint letter brief regarding retaining

20

confidentiality within 21 days of the initial notice of challenge or within 14 days of the parties

21

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

22

Failure by a Designating Party to file such discovery dispute letter within the applicable 21 or 14

23

day period (set forth above) with the Court shall automatically waive the confidentiality

24

designation for each challenged designation. If, after submitting a joint letter brief, the Court

25

allows that a motion may be filed, any such motion must be accompanied by a competent

26

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

27

imposed in the preceding paragraph. The Court, in its discretion, may elect to transfer the

28

discovery matter to a Magistrate Judge.
7
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2

In addition, the parties may file a joint letter brief regarding a challenge to a
confidentiality designation at any time if there is good cause for doing so, including a challenge to

3

the designation of a deposition transcript or any portions thereof. If, after submitting a joint letter

4

brief, the Court allows that a motion may be filed, any motion brought pursuant to this provision

5

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

6

meet and confer requirements imposed by the preceding paragraph. The Court, in its discretion,

7

may elect to refer the discovery matter to a Magistrate Judge.

8
9

The burden of persuasion in any such challenge proceeding shall be on the Designating
Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose

10

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

11

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

12

file a letter brief to retain confidentiality as described above, all parties shall continue to afford

13

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

14

designation until the court rules on the challenge./ / /

15

7.

ACCESS TO AND USE OF PROTECTED MATERIAL

16

7.1

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

17

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

18

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

19

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

20

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

21

DISPOSITION).

22
23
24

Protected Material must be stored and maintained by a Receiving Party at a location and in
a secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

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

25

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

26

information or item designated “CONFIDENTIAL” only to:

27
28
8
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of
said Outside Counsel of Record and Experts to whom it is reasonably necessary to disclose the
information for this litigation and who have signed the “Acknowledgment and Agreement to Be
Bound” that is attached hereto as Exhibit A;
(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
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(c) 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
Agreement to Be Bound” (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f) during their depositions, witnesses in the action to whom disclosure is reasonably
necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
bound by the court reporter and may not be disclosed to anyone except as permitted under this
Stipulated Protective Order.
(g) the author or recipient of a document containing the information or a custodian or other
person who otherwise possessed or knew the information.
In disclosing information or items designated “CONFIDENTIAL” in the manner set forth
above, the Receiving Party must ensure that the Protected Material is not retained or available for
retention by Plaintiff Aaron Lamont Stribling, members of Plaintiff’s family, friends or associates
of Plaintiff, or to any other inmate, parolee, or person previously in the custody of CDCR or any
of their relatives, friends, associates, or the public.

28
9
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

7.3

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

items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party,
Counsel for the Receiving Party may not disclose any information or item designated
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to Plaintiff Aaron Lamont Stribling,
members of Plaintiff’s family, friends or associates of Plaintiff, or to any other inmate, parolee, or
person previously in the custody of CDCR or any of their relatives, friends, associates, or the
public. Unless otherwise ordered by the Court or permitted in writing by the Designating Party,
only Counsel and Expert(s) for the Receiving Party may have access to and review any
information or item designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Staff
employed by Counsel and Expert(s) retained by the Receiving Party will not disclose any item or
information designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or make copies of
any item or information so designated, except as necessary for this litigation. Counsel is
responsible for ensuring that their staff and Expert(s) comply with this Order.
///
///
///
8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that compels
disclosure of any information or items designated in this action as “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” that Party must:
(a) promptly notify in writing the Designating Party. 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 issue in the
other litigation that some or all of the material covered by the subpoena or order is subject to this
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

27
28
10
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

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
4
5
6
7
8
9
10

If the Designating Party timely seeks a protective order, the Party served with the subpoena
or court order shall not produce any information designated in this action as “CONFIDENTIAL”
or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the court from
which the subpoena or order issued, unless the Party has obtained the Designating Party’s
permission. The Designating Party shall bear the burden and expense of seeking protection in that
court of its confidential material – and nothing in these provisions should be construed as
authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from
another court.

11
12

9.

THIS LITIGATION

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

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

(a) The terms of this Order are applicable to information produced by a Non-Party in this
action and designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES
ONLY.” Such information produced by Non-Parties in connection with this litigation is protected
by the remedies and relief provided by this Order. Nothing in these provisions should be
construed as prohibiting a Non-Party from seeking additional protections.
///
(b) In the event that a Party is required, by a valid discovery request, to produce a NonParty’s confidential information in its possession, and the Party is subject to an agreement with
the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
(1) promptly notify in writing the Requesting Party and the Non-Party that some or all of
the information requested is subject to a confidentiality agreement with a Non-Party;
(2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this
litigation, the relevant discovery request(s), and a reasonably specific description of the
information requested; and
(3) make the information requested available for inspection by the Non-Party.

28
11
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

(c) If the Non-Party fails to object or seek a protective order from this court within 14 days
of receiving the notice and accompanying information, the Receiving Party may produce the
Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
seeks a protective order, the Receiving Party shall not produce any information in its possession
or control that is subject to the confidentiality agreement with the Non-Party before a
determination by the court. Absent a court order to the contrary, the Non-Party shall bear the
burden and expense of seeking protection in this court of its Protected Material.
10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
Material to any person or in any circumstance not authorized under this Stipulated Protective
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
Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
made of all the terms of this Order, and (d) request such person or persons to execute the
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
In the event that the Receiving Party believes that documents labeled “CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” have been viewed or obtained by persons other than Counsel of
Record and their support staff, the Receiving Party must immediately (a) notify in writing the
Designating Party of the unauthorized disclosures, (b) identify the person or persons to whom
unauthorized disclosures were made, (c) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this Order, and (d) use its best efforts to retrieve all
unauthorized copies of the Protected Material.
11.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

PROTECTED MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently
produced material is subject to a claim of privilege or other protection, the obligations of the
Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This

28
12
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

provision is not intended to modify whatever procedure may be established in an e-discovery
order that provides for production without prior privilege review. Pursuant to Federal Rule of
Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
communication or information covered by the attorney-client privilege or work product
protection, the parties may incorporate their agreement in the stipulated protective order
submitted to the court.
12.

MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
its modification by the court in the future.
12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
no Party waives any right it otherwise would have to object to disclosing or producing any
information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
Party waives any right to object on any ground to use in evidence of any of the material covered
by this Protective Order.
12.3 Filing Protected Material. Without written permission from the Designating Party or a
court order secured after appropriate notice to all interested persons, a Party may not file in the
public record in this action any Protected Material. A Party that seeks to file under seal any
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
issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request
establishing that the Protected Material at issue is privileged, protectable as a trade secret, or
otherwise entitled to protection under the law. If a Receiving Party’s request to file Protected
Material under seal pursuant to Civil Local Rule 79-5(d) is denied by the court, then the
Receiving Party may file the information in the public record pursuant to Civil Local Rule 79-5(e)
unless otherwise instructed by the court.
13.

FINAL DISPOSITION

27
28
13
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

Within 60 days after the final disposition of this action, as defined in paragraph 4, each
Receiving Party must return all Protected Material to the Producing Party or destroy such
material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
compilations, summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
submit a written certification to the Producing Party (and, if not the same person or entity, to the
Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all
the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has
not retained any copies, abstracts, compilations, summaries or any other format reproducing or
capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to
retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work
product, and consultant and expert work product, even if such materials contain Protected
Material. Any such archival copies that contain or constitute Protected Material remain subject to
this Protective Order as set forth in Section 4 (DURATION).
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

17
NEWDORF LEGAL

Dated: August 3, 2017
18

/s/ Rye P. Murphy

19

/s/ Taeva C. Shefler

20

DAVID B. NEWDORF
RYE P. MURPHY
TAEVA C. SHEFLER
Attorneys for Plaintiff

21
22
23
24
25
26
27
28
14

[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1

Dated: August 3, 2017

XAVIER BECERRA
Attorney General of California
MARISA Y. KIRSCHENBAUER
Supervising Deputy Attorney General

2
3
4

/s/ Allison M. Low

5

ALLISON M. LOW
Deputy Attorney General
Attorneys for Defendants

6
7
8
9

As required under Northern District Local Rule 5-1(i)(3), I attest under penalty of perjury
that concurrence in the filing of this document has been obtained by all signatories.

10
11

Dated:

August 3, 2017

12

/s/ Allison M. Low
Allison M. Low, Deputy Attorney General

13
PURSUANT TO STIPULATION, IT IS SO ORDERED.
14
15
Dated:
16
17

August 7, 2017
HON. YVONNE GONZALEZ ROGERS
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
15
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))

1

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

2
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 Stribling v. Brown,

7

et al., Case No. 4:15-cv-03337-YGR. I agree to comply with and to be bound by all the terms of

8

this Stipulated Protective Order and I understand and acknowledge that failure to so comply could

9

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

10

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

11

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

12

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

13

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

14

Order, even if such enforcement proceedings occur after termination of this action.

15

I hereby appoint __________________________ [print or type full name] of

16

_______________________________________ [print or type full address and telephone

17

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

18

proceedings related to enforcement of this Stipulated Protective Order.

19
20

Date: ______________________________________

21

City and State where sworn and signed: _________________________________

22
23

Printed name: _______________________________

24
25

Signature: __________________________________

26
27

SF2016200077
21007392.doc

28
16
[Proposed] Stipulated Protective Order (4:15-cv-03337 YGR (PR))