The opinion
1 || Gregory B. Thomas (SBN 239870)
E-mail: gthomas@bwslaw.com
2 || Michael A. Slater (SBN 318899)
E-mail: mslater@bwslaw.com
3 || BURKE, WILLIAMS & SORENSEN, LLP
1901 Harrison Street, Suite 900
4 || Oakland, CA 94612-3501
Tel: 510.273.8780 Fax: 510.839.9104
5
Attorneys for Defendant
6 || COUNTY OF SAN JOAQUIN
4
8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
10
11 || CINDY M. ALEJANDRE; and DAVID Case No. 2:19-cv-00233-WBS-KJN
GONZALEZ II as Co-Successors-in-Interest
12 | to Decedent David Gonzalez III, STIPULATED PROTECTIVE ORDER
13
4 Plaintiffs,
15 |
COUNTY OF SAN JOAQUIN, a
16 municipal corporation; and DOES 1-50,
inclusive, individually and in their official
17 capacity as Sheriff's Deputies for the San
18 Joaquin County Sheriff's Department,
19 Defendants.
20
21 | 1. PURPOSES AND LIMITATIONS
22 Disclosure and discovery activity in this action are likely to involve production of
23 || confidential, proprietary, or private information for which special protection from public
24 || disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
25 || Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
26 || Protective Order. The parties acknowledge that this Order does not confer blanket protections on
27 || all disclosures or responses to discovery and that the protection it affords from public disclosure
28 || and use extends only to the limited information or items that are entitled to confidential treatment
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1 || under the applicable legal principles. The parties further acknowledge, as set forth below, that
2 || this Stipulation and Order creates no entitlement to file confidential information under seal; and
3 || that Eastern District Local Rule 141 sets forth the procedures that must be followed and reflects
4 || the standards that will be applied when a party seeks permission from the court to file material
5 || under seal.
6 || 2. DEFINITIONS
7 2.1 Party: any party to this action, including all of its officers, directors, employees,
8 || consultants, retained experts, house counsel and outside counsel (and their support staff).
9 2.2 Disclosure or Discovery Material: all items or information, regardless of the
10 || medium or manner generated, stored or maintained (including, among other things, testimony,
11 || transcripts, or tangible things) that are produced or generated in disclosures or responses to
12 || discovery by any Party in this matter.
13 2.3 Confidential Information or Items: information (regardless of the medium or
14 || how generated, stored, or maintained) or tangible things that qualify for protection under
15 || standards developed under Federal Rule of Civil Procedure 26(c) and/or applicable federal
16 || privileges. This material includes, but is not limited to, medical and psychotherapeutic records;
17 || as well as peace officer personnel records as defined by California Penal Code sections 832.8,
18 || 832.5, 832.7 and the associated case law; and other similar confidential records designated as
19 || such.
20 2.4 Receiving Party: a Party that receives Disclosure or Discovery Material from a
21 || Producing Party, including a Party that has noticed or subpoenaed and is taking a deposition or
22 || comparable testimony.
23 2.5 Producing Party: a Party or non-party that produces Disclosure or Discovery
24 || Material in this action, including a Party that is defending a deposition noticed or subpoenaed by
25 || another Party; additionally, for the limited purpose of designating testimony subject to this
26 || Stipulation and Order pursuant to section 6.2(b) (infra), a “Producing Party” shall also be
27 || construed to include a Party that is attending and/or participating in a non-party deposition
28 || noticed/subpoenaed by another Party.
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1 2.6 Designating Party: a Party or non-party that designates information or items that
2 || it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
3 2.7 Protected Material: any Disclosure or Discovery Material that is designated as
4 || “CONFIDENTIAL” under the provisions of this Stipulation and Protective Order. (The term
5 || “Confidential Document” shall be synonymous with the term “Protected Material” for the
6 || purposes of this Stipulation and Protective Order.)
7 2.8 Outside Counsel: attorneys who are not employees of a Party but who are retained
8 || to represent or advise a Party in this action (as well as their support staffs).
9 2.9 House Counsel: attorneys who are employees of a Party (as well as their support
10 || staffs).
ll 2.10 Counsel (without qualifier): Outside Counsel and House Counsel (as well as
12 || their support staffs).
13 2.11. Expert: a person with specialized knowledge or experience in a matter pertinent to
14 || the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
15 || consultant in this action and who is not a past or a current employee of a Party and who, at the
16 || time of retention, is not anticipated to become an employee of a Party or a competitor of a
17 || Party’s; as well as any person retained, designated, or disclosed by a Party as an expert pursuant
18 || to Federal Rule of Civil Procedure 26(a)(2).
19 2.12 Professional Vendors: persons or entities that provide litigation support services
20 || (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing,
21 || storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.
22 || 3. SCOPE
23 The protections conferred by this Stipulation and Order cover not only Protected
24 || Material/Confidential Documents (as defined above), but also: (1) any information copied or
25 || extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of
26 || Protected Material; and (3) any testimony, conversations, or presentations by Parties or their
27 || Counsel that might reveal Protected Material. However, the protections conferred by this
28 || Stipulation and Order do not cover the following information: (a) any information that is in the
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1 || public domain at the time of disclosure to a Receiving Party or becomes part of the public domain
2 || after its disclosure to a Receiving Party as a result of publication not involving a violation of this
3 || Order, including becoming part of the public record through trial or otherwise; and (b) any
4 || information known to the Receiving Party prior to the disclosure or obtained by the Receiving
5 || Party after the disclosure from a source who obtained the information lawfully and under no
6 || obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall
7 || not be governed by this Order, and may be governed by a separate agreement or order.
8 || 4. DURATION
9 Even after final disposition of this litigation, the confidentiality obligations imposed by
10 || this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
11 || order otherwise directs. Final disposition shall be deemed to be the later of:
12 (1) dismissal of all claims and defenses in this action, with or without prejudice; and
13 (2) final judgment herein after the completion and exhaustion of all appeals,
14 || rehearings, remands, trials, or reviews of this action, including the time limits for filing any
15 || motions or applications for extension of time pursuant to applicable law.
16 |] 5. DESIGNATING PROTECTED MATERIAL
17 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each
18 || Party or non-party that designates information or items for protection under this Order must take
19 || care to limit any such designation to specific material that qualifies under the appropriate
20 || standards. A Designating Party must take care to designate for protection only those parts of
21 || material, documents, items, or oral or written communications that qualify — so that other portions
22 || of the material, documents, items or communications for which protection is not warranted are
23 || not swept unjustifiably within the ambit of this Order.
24 Mass, indiscriminate, or routine designations are prohibited. Designations that are shown
25 || to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily
26 || encumber or retard the case development process, or to impose unnecessary expenses and
27 || burdens on other parties), expose the Designating Party to sanctions. If it comes to a Party’s or a
28 || non-party’s attention that information or items that it designated for protection do not qualify for
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1 || protection at all, or do not qualify for the level of protection initially asserted, that Party or non-
2 || party must promptly notify all other parties that it is withdrawing the mistaken designation.
3 5.2. Manner and Timing of Designations. Except as otherwise provided in this
4 || Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order
5 || must be clearly so designated before the material is disclosed or produced. Designation in
6 || conformity with this Order requires:
7 (a) for information in documentary form (e.g., paper or electronic
8 || documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the
9 || Producing Party affix the legend “CONFIDENTIAL” to each page that contains protected
10 || material. If only a portion or portions of the material on a page qualifies for protection, the
11 || Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
12 || markings in the margins).
13 A Party or Non-Party that makes original documents or materials available for
14 || inspection need not designate them for protection until after the inspecting Party has indicated
15 || which material it would like copied and produced. During the inspection and before the
16 || designation, all of the material made available for inspection shall be deemed
17 || “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and
18 || produced, the Producing Party must determine which documents, or portions thereof, qualify for
19 || protection under this Order. Then, before producing the specified documents, the Producing
20 || Party must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If
21 || only a portion or portions of the material on a page qualifies for protection, the Producing Party
22 || also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
23 || margins).
24 (b) for testimony given in deposition or in other pretrial or trial
25 || proceedings, that the Party or non-party offering or sponsoring the testimony identify on the
26 || record, before the close of the deposition, hearing, or other proceeding, all protected testimony,
27 || and further specify any portions of the testimony that qualify as “CONFIDENTIAL.” When it is
28 || impractical to identify separately each portion of testimony that is entitled to protection, and when
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1 || it appears that substantial portions of the testimony may qualify for protection, the Producing
2 || Party may invoke on the record (before the deposition or proceeding is concluded) a right to have
3 || up to twenty (20) days to identify the specific portions of the testimony as “CONFIDENTIAL.”
4 || Only those portions of the testimony that are appropriately designated as “CONFIDENTIAL” for
5 || protection within the 20 days shall be covered by the provisions of this Stipulation and Protective
6 || Order. Transcript pages containing Protected Material must be separately bound by the court
7 || reporter, who must affix to each such page the legend “CONFIDENTIAL,” as instructed by the
8 || Producing Party.
9 (c) for information produced in some form other than documentary and
10 || for any other tangible items (including but not limited to information produced on disc or
11 || electronic data storage device), that the Producing Party affix in a prominent place on the
12 || exterior of the container or containers in which the information or item is stored the legend
13 || “CONFIDENTIAL.” If only portions of the information or item warrant protection, the
14 || Producing Party, to the extent practicable, shall identify the protected portions, specifying the
15 || material as “CONFIDENTIAL.”
16 5.3. Inadvertent Failures to Designate. If timely corrected (preferably, though not
17 || necessarily, within 30 days of production or disclosure of such material), an inadvertent failure to
18 || designate qualified information or items as “CONFIDENTIAL” does not, standing alone, waive
19 || the Designating Party’s right to secure protection under this Order for such material. If material
20 || is appropriately designated as “CONFIDENTIAL” after the material was initially produced, the
21 || Receiving Party, on timely notification of the designation, must make reasonable efforts to assure
22 || that the material is treated in accordance with this Order.
23 5.4 Alteration of Confidentiality Stamp. A Receiving Party shall not alter, edit, or
24 || modify any Protected Material so as to conceal, obscure, or remove a “CONFIDENTIAL” stamp
25 || or legend thereon; nor shall a Receiving Party take any other action so as to make it appear that
26 || Protected Material is not subject to the terms and provisions of this Stipulation and Order.
27 || However, nothing in this section shall be construed so as to prevent a Receiving Party from
28 || challenging a confidentiality designation subject to the provisions of section 6, infra.
aa qasaennessasa 6. STIPULATED PROTECTIVE ORDER
1 || 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
3 || confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
4 || designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
5 || burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
6 || challenge a confidentiality designation by electing not to mount a challenge promptly after the
7 || original designation is disclosed.
8 6.2. Meet and Confer. The Challenging Party shall initiate the dispute resolution
9 || process by providing written notice of each designation it is challenging and describing the basis
10 || for each challenge. To avoid ambiguity as to whether a challenge has been made, the written
11 || notice must recite that the challenge to confidentiality is being made in accordance with this
12 || specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in
13 || good faith and must begin the process by conferring directly (in voice to voice dialogue; other
14 || forms of communication are not sufficient) within 14 days of the date of service of notice. In
15 || conferring, the Challenging Party must explain the basis for its belief that the confidentiality
16 || designation was not proper and must give the Designating Party an opportunity to review the
17 || designated material, to reconsider the circumstances, and, if no change in designation is offered,
18 || to explain the basis for the chosen designation. A Challenging Party may proceed to the next
19 || stage of the challenge process only if it has engaged in this meet and confer process first or
20 || establishes that the Designating Party is unwilling to participate in the meet and confer process in
21 || atimely manner.
22 6.3 Judicial Intervention.
23 If the Parties cannot resolve a challenge without court intervention, the Challenging Party
24 || shall file and serve a motion to remove confidentiality under Eastern District Local Rule 230 and
25 || 251 (and in compliance with Eastern District Local Rules 141 and 141.1, if applicable) within 14
26 || days of the parties agreeing that the meet and confer process will not resolve their dispute, or by
27 || the first day of trial of this matter, whichever date is earlier, unless the parties agree in writing to a
28 || longer time. Each such motion must be accompanied by a competent declaration affirming that
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1 || the movant has complied with the meet and confer requirements imposed in the preceding
2 || paragraph. In addition, the Challenging Party may file a motion challenging a confidentiality
3 || designation at any time if there is good cause for doing so, including a challenge to the
4 || designation of a deposition transcript or any portions thereof. Any motion brought pursuant to
5 || this provision must be accompanied by a competent declaration affirming that the movant has
6 || complied with the meet and confer requirements imposed by the preceding paragraph.
7 The burden of persuasion in any such challenge proceeding shall be on the Designating
8 || Party, regardless of whether the Designating Party is the moving party or whether such Party
9 || sought or opposes judicial intervention. Frivolous challenges, and those made for an improper
10 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
11 || expose the Challenging Party to sanctions. Unless the Designating Party has waived the
12 || confidentiality designation by failing to oppose a motion to remove confidentiality as described
13 || above, all parties shall continue to afford the material in question the level of protection to which
14 || itis entitled under the Producing Party’s designation until the court rules on the challenge.
15 6.4. Withdrawal of “CONFIDENTIAL” Designation. At its discretion, a
16 || Designating Party may remove Protected Material/Confidential Documents from some or all of
17 || the protections and provisions of this Stipulation and Order at any time by any of the following
18 || methods:
19 (a) Express Written Withdrawal. A Designating Party may withdraw a
20 || “CONFIDENTIAL” designation made to any specified Protected Material/Confidential
21 || Documents from some or all of the protections of this Stipulation and Order by an express
22 || withdrawal in a writing signed by such Party (or such Party’s Counsel, but not including staff of
23 || such Counsel) that specifies and itemizes the Disclosure or Discovery Material previously
24 || designated as Protected Material/Confidential Documents that shall no longer be subject to all or
25 || some of the provisions of this Stipulation and Order. Such express withdrawal shall be effective
26 || when transmitted or served upon the Receiving Party. If a Designating Party is withdrawing
27 || Protected Material from only some of the provisions/protections of this Stipulation and Order,
28 || such Party must state which specific provisions are no longer to be enforced as to the specified
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1 || material for which confidentiality protection hereunder is withdrawn: otherwise, such withdrawal
2 || shall be construed as a withdrawal of such material from all of the protections/provisions of this
3 || Stipulation and Order;
4 (b) Express Withdrawal on the Record. A Designating Party may withdraw
5 || a “CONFIDENTIAL” designation made to any specified Protected Material/Confidential
6 || Documents from all of the provisions/protections of this Stipulation and Order by verbally
7 || consenting in court proceedings on the record to such withdrawal — provided that such withdrawal
8 || specifies the Disclosure or Discovery Material previously designated as _ Protected
9 || Material/Confidential Documents that shall no longer be subject to any of the provisions of this
10 || Stipulation and Order. A Designating Party is not permitted to withdraw Protected Material from
11 || only some of the protections/provisions of this Stipulation and Order by this method;
12 (c) Implicit Withdrawal by Publication or Failure to Oppose Challenge.
13 || A Designating Party shall be construed to have withdrawn a “CONFIDENTIAL” designation
14 || made to any specified Protected Material/Confidential Documents from all of the
15 || provisions/protections of this Stipulation and Order by either (1) making such Protected
16 || Material/Confidential Records part of the public record — including but not limited to attaching
17 || such as exhibits to any filing with the court without moving, prior to such filing, for the court to
18 |} seal such records; or (2) failing to timely oppose a Challenging Party’s motion to remove a
19 |} “CONFIDENTIAL” designation to specified Protected Material/Confidential Documents.
20 || Nothing in this Stipulation and Order shall be construed so as to require any Party to file
21 || Protected Material/Confidential Documents under seal, unless expressly specified herein.
22 || 7. ACCESS TO AND USE OF PROTECTED MATERIAL
23 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed
24 || or produced by another Party or by a Non-Party in connection with this case only for prosecuting,
25 || defending, or attempting to settle this litigation. Such Protected Material may be disclosed only
26 || to the categories of persons and under the conditions described in this Order. When the litigation
27 || has been terminated, a Receiving Party must comply with the provisions of section 13 below
28 || CFINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party
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1 || at a location and in a secure manner that ensures that access is limited to the persons authorized
2 || under this Order.
3 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
4 || ordered by the court or permitted in writing by the Designating Party, a Receiving Party may
5 || disclose any information or item designated “CONFIDENTIAL” only to:
6 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
7 || employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
8 || information for this litigation and who have signed the “Acknowledgment and Agreement to Be
9 || Bound” that is attached hereto as Exhibit A;
10 (b) the officers, directors, and employees (including House Counsel) of the
11 || Receiving Party to whom disclosure is reasonably necessary for this litigation and who have
12 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (c) Experts (as defined in this Order) of the Receiving Party to whom
14 || disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment
15 || and Agreement to Be Bound” (Exhibit A);
16 (d) the court and its personnel;
17 (e) court reporters and their staff, professional jury or trial consultants, mock
18 || jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation
19 || and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (f) during their depositions, witnesses in the action to whom disclosure is
21 || reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
22 || (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the court. Pages of
23 || transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be
24 || separately bound by the court reporter and may not be disclosed to anyone except as permitted
25 || under this Stipulated Protective Order; and/or
26 (g) the author or recipient of a document containing the information or a
27 || custodian or other person who otherwise possessed or knew the information.
28 || ///
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1 || 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
2 OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation that compels
4 || disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
5 || must:
6 (a) promptly notify in writing the Designating Party. Such notification shall include a
7 || copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or order to issue in
9 || the other litigation that some or all of the material covered by the subpoena or order is subject to
10 || this Protective Order. Such notification shall include a copy of this Stipulated Protective Order;
11 || and
12 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
13 || Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served with the
15 || subpoena or court order shall not produce any information designated in this action as
16 || “CONFIDENTIAL” before a determination by the court from which the subpoena or order
17 || issued, unless the Party has obtained the Designating Party’s permission. The Designating Party
18 || shall bear the burden and expense of seeking protection in that court of its confidential material —
19 || and nothing in these provisions should be construed as authorizing or encouraging a Receiving
20 || Party in this action to disobey a lawful directive from another court.
21 || 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
22 THIS LITIGATION
23 (a) The terms of this Order are applicable to information produced by a Non-Party in
24 || this action and designated as “CONFIDENTIAL.” Such information produced by Non-Patties in
25 || connection with this litigation is protected by the remedies and relief provided by this Order.
26 || Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
27 || additional protections.
28 (b) In the event that a Party is required, by a valid discovery request, to produce a
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1 || Non-Party’s confidential information in its possession, and the Party is subject to an agreement
2 || with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
3 (1) promptly notify in writing the Requesting Party and the Non- Party that
4 some or all of the information requested is subject to a confidentiality agreement
5 with a Non-Party;
6 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
7 Order in this litigation, the relevant discovery request(s), and a reasonably specific
8 description of the information requested; and
9 (3) make the information requested available for inspection by the Non-Party.
10 (c) If the Non-Party fails to object or seek a protective order from this court within 14
11 || days of receiving the notice and accompanying information, the Receiving Party may produce the
12 || Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
13 || seeks a protective order, the Receiving Party shall not produce any information in its possession
14 || or control that is subject to the confidentiality agreement with the Non-Party before a
15 || determination by the court. Absent a court order to the contrary, the Non-Party shall bear the
16 || burden and expense of seeking protection in this court of its Protected Material.
17 | 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
19 || Material to any person or in any circumstance not authorized under this Stipulated Protective
20 || Order, the Receiving Party must immediately: (a) notify in writing the Designating Party of the
21 || unauthorized disclosures; (b) use its best efforts to retrieve all unauthorized copies of the
22 || Protected Material; (c) inform the person or persons to whom unauthorized disclosures were
23 || made of all the terms of this Order; and (d) request such person or persons to execute the
24 || “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
25 || 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
26 PROTECTED MATERIAL
27 When a Producing Party gives notice to Receiving Parties that certain inadvertently
28 || produced material is subject to a claim of privilege or other protection, the obligations of the
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1 || Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
2 || provision is not intended to modify whatever procedure may be established in an e-discovery
3 || order that provides for production without prior privilege review. Pursuant to Federal Rule of
4 || Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
5 || communication or information covered by the attorney-client privilege or work product
6 || protection, the parties may incorporate their agreement in the stipulated protective order
7 || submitted to the court.
8 || 12. PUBLICATION OF PROTECTED MATERIAL
9 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to
10 || seek its modification by the court in the future.
11 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
12 || Order no Party waives any right it otherwise would have to object to disclosing or producing any
13 || information or item on any ground not addressed in this Stipulated Protective Order. Similarly,
14 || no Party waives any right to object on any ground to use in evidence of any of the material
15 || covered by this Protective Order.
16 12.3. Filing of Protected Material. Without advance written permission from the
17 || Designating Party, or a court order secured after appropriate notice to all interested persons, a
18 || Receiving Party may not file in the public record in this action any Protected Material. A Party
19 || that seeks to file under seal any Protected Material must comply with Eastern District Local Rule
20 || 141 and/or 141.1, to the extent applicable. 12.2. Public Dissemination of Protected Material. A
21 || Receiving Party shall not publish, release, post, or disseminate Protected Material to any persons
22 || except those specifically delineated and authorized by this Stipulation and Order; nor shall a
23 || Receiving Party publish, release, leak, post, or disseminate Protected Material/Confidential
24 || Documents to any news media, member of the press, website, or public forum (except as
25 || permitted under section 12.1 regarding filings with the court in this action and under seal).
26 12.4. Public Dissemination of Protected Material. A Receiving Party shall not
27 || publish, release, post, or disseminate Protected Material to any persons except those specifically
28 || delineated and authorized by this Stipulation and Order; nor shall a Receiving Party publish,
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1 || release, leak, post, or disseminate Protected Material/Confidential Documents to any news media,
2 || member of the press, website, or public forum (except as permitted under section 12.1 regarding
3 || filings with the court in this action and under seal).
4 | 13. FINAL DISPOSITION
5 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
6 || Receiving Party must return all Protected Material to the Producing Party or destroy such
7 || material. As used in this subdivision, “all Protected Material” including all copies, abstracts,
8 || compilations, summaries and any other format reproducing or capturing of the Protected Material.
9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
10 || Dated: December 16, 2019 BURKE, WILLIAMS & SORENSEN, LLP
11 By: /s/ Gregory B. Thomas
Gregory B. Thomas
12 Michael A. Slater
Attorneys for defendants COUNTY OF
13 SAN JOAQUIN
14
15 || Dated: December 16, 2019 THE LAW OFFICES OF JOHN BURRIS
16 By: /s/ Chike Odiwe
John Burris
17 Dewitt M. Lacy
Chike Odiwe
18 Attorneys for Plaintiffs CINDY M.
ALEJANDRE; and DAVID GONZALEZ
19 II as Co-Successors-in-Interest to Decedent
David Gonzalez III
20
71 Under Eastern District of California Civil Local Rule 131(e), I attest that I obtained
22 || concurrence in the filing of this document from all of the above signatories.
23
24 || Dated: December 16, 2019 BURKE, WILLIAMS & SORENSEN, LLP
25 By: /s/ Gregory B. Thomas
Gregory B. Thomas
26 Michael A. Slater
Attorneys for COUNTY OF SAN
27 JOAQUIN
28
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LLP OAK #4848-2304-5545 v1 -14- CASE NO □□□□□□□□□□□□□□□□□□□□□□
1 ORDER
2 The Court has reviewed the parties’ stipulated protective order, and
3 | GRANTS the request subject to the following authorities and exceptions. Under
4 || “duration,” the parties have stipulated to enforcement of the protection “[e]ven after
5 || final disposition of this litigation.” However, the Local Rules clearly indicate that
6 || once this action is closed, “unless otherwise ordered, the Court will not retain
7 || jurisdiction over enforcement of the terms of any protective order filed in that
8 || action.” L.R. 141.1(f). Courts in the district generally do not agree to retain
9 || jurisdiction after closure of the case, and the Court will not do so here. See, e.g.,
10 || MD Helicopters, Inc. v. Aerometals, Inc., 2017 WL 495778 (E.D. Cal., February
11 |) 03, 2017).
12 Despite this inadequacy, the Court approves the parties’ protective in order to
13 || facilitate the exchange of discovery. Counsel of record should take note of the
14 || above authorities for future proceedings.
15 || Dated: December 17, 2019
Aectl Aharon
17 KENDALL J. NE
UNITED STATES MAGISTRATE JUDGE
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WILLIAMS &
aa qasaennessasa 15- STIPULATED PROTECTIVE ORDER
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full □□□□□□ of
4 [print or type full address], declare under penalty of
5 || perjury that I have read in its entirety and understand the Stipulated Protective Order that was
6 || issued by the United States District Court for the Eastern District of California on
7 || [date] in the case of Cindy Alejandre, et al. v. County of San Joaquin, et al., case no. 2:19-CV-
8 || 00233-WBS-KJN. I agree to comply with and to be bound by all the terms of this Stipulated
9 || Protective Order and I understand and acknowledge that failure to so comply could expose me to
10 || sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in
11 || any manner any information or item that is subject to this Stipulated Protective Order to any
12 || person or entity except in strict compliance with the provisions of this Order.
13 I further agree to submit to the jurisdiction of the United States District Court for the
14 || Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective
15 || Order, even if such enforcement proceedings occur after termination of this action.
16 I hereby appoint [print or type full name] of
17 [print or type full address and telephone
18 || number] as my California agent for service of process in connection with this action or any
19 || proceedings related to enforcement of this Stipulated Protective Order.
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21 Date:
22 City and State where sworn and signed:
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24 Printed name:
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26 Signature:
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WILLIAMS &
Onc aguante 16- STIPULATED PROTECTIVE ORDER