even stipulated protective 7 orders require good cause showing
How later courts described this case
- even stipulated protective 7 orders require good cause showing
Written by the judges who cited it.
The opinion
1 NORMAN J. WATKINS – SBN 87327
nwatkins@lynberg.com
2 JONATHAN C. BOND – SBN 280266
jbond@lynberg.com
3
LYNBERG & WATKINS
4 A Professional Corporation
1100 Town & Country Road, Suite 1450
5 Orange, California 92868
(714) 937-1010 Telephone
6
(714) 937-1003 Facsimile
7
Attorneys for Defendants COUNTY OF ORANGE, LAURIE BETH SCHWARTZ,
8 and MARIO ALVERGUE
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12
WILLIAM SCOTT FINDLEY, JR. and CASE NO. 8:19-cv-02025-DOC(KES)
13 VERNANNE COHEN,
Assigned for All General Purposes to:
14 Hon. David O. Carter
Plaintiffs, Courtroom 9D
15 Santa Ana Division
16 vs. Assigned for Discovery Purposes to:
Hon. Karen E. Scott
17 Courtroom 6D
COUNTY OF ORANGE; LAURIE Santa Ana Division
18 BETH SCHWARTZ; MARIO
ALVERGUE and DOES 1 through 10, STIPULATED PROTECTIVE
19 inclusive, ORDER; [PROPOSED] ORDER
THEREON
20
Defendants. Action Filed: October 23, 2019
21 FAC Filed: January 23, 2020
Trial Date: October 20, 2020
22
23
24
25
26
27
1 TO THE HONORABLE MAGISTRATE JUDGE:
2 I. A STIPULATED PROTECTIVE ORDER IS WARRANTED
3 A. PURPOSES AND LIMITATIONS
4 Discovery in this action is likely to involve production of confidential,
5 proprietary, or private information for which special protection from public disclosure
6 and from use for any purpose other than prosecuting this litigation may be warranted.
7 Accordingly, the parties hereby stipulate to and petition the Court to enter the
8 following Stipulated Protective Order. The parties acknowledge that this Order does
9 not confer blanket protections on all disclosures or responses to discovery and that
10 the protection it affords from public disclosure and use extends only to the limited
11 information or items that are entitled to confidential treatment under the applicable
12 legal principles. The parties further acknowledge, as set forth in Section 12.3, below,
13 that this Stipulated Protective Order does not entitle them to file confidential
14 information under seal; Civil Local Rule 79-5 sets forth the procedures that must be
15 followed and the standards that will be applied when a party seeks permission from
16 the court to file material under seal.
17 B. GOOD CAUSE STATEMENT
18 Defendants COUNTY OF ORANGE; LAURIE BETH SCHWARTZ; and/or
19 MARIO ALVERGUE (“Defendants”) may be producing documents which
20 documents are generally unavailable to the public. The disclosure of such information
21 may jeopardize the security of the Orange County Sherriff’s Department (“OCSD”)
22 or Orange County’s operations, or may jeopardize the safety of certain individuals,
23 including other Defendants herein, other Sheriff’s Deputies, Plaintiff(s), or unrelated
24 third parties. Defendants may also be producing documentation containing
25 confidential information such as videos depicting Plaintiffs in a state of partial or full
26 undress/nudity. Defendants may also be producing video, audio, and still photo
27 images related to incidents at issue in Plaintiff’s First Amended Complaint, and/or
1 any thereafter filed pleading which videos are not generally available to the public.
2 Defendants may likewise be producing investigative reports generally unavailable to
3 the public, the disclosure of which could otherwise violate Plaintiffs, or others’
4 privacy rights under substantive law or the California or United States Constitution.
5 Likewise, Defendants may be producing information on particular Deputies that is
6 confidential, subject to privacy and other protective laws that is not generally
7 available to the public and may represent a privacy and/or safety concern were said
8 information to become public, such as internal records conventionally considered
9 privileged pursuant to California Evidence Code § 1040. Similar documentation may
10 also be produced by third parties pursuant to requests or subpoenas by Defendants.
11 Fictitiously sued DOES may likewise have a privacy interest in some of the
12 documentation likely to be produced in the discovery phase of this matter, and the
13 documentation is not generally available to the public.
14 Plaintiffs WILLIAM SCOTT FINDLEY, JR. and VERNANNE COHEN
15 (“Plaintiffs”) may be producing documents concerning confidential, private, or
16 embarrassing documentation concerning Plaintiffs, including without limitation
17 personal or private communications between Plaintiffs, or between Plaintiffs and
18 other third parties. Similar documentation may also be produced by third parties
19 pursuant to subpoena. Such information is private to Plaintiffs, unavailable to the
20 general public, and disclosure of said documentation may cause embarrassment to
21 Plaintiffs.
22 As such, information produced by either party, or third parties, may be
23 privileged or otherwise protected from disclosure under state or federal statutes, court
24 rules, case decisions, or common law.
25 Accordingly, to expedite the flow of information, to facilitate the prompt
26 resolution of disputes over confidentiality of discovery materials, to adequately
27 protect information the parties are entitled to keep confidential, to ensure that the
1 parties are permitted reasonable necessary uses of such material in preparation for and
2 in the conduct of trial, to address their handling at the end of the litigation, and serve
3 the ends of justice, a protective order for such information is justified in this matter.
4 It is the intent of the parties that information will not be designated as confidential for
5 tactical reasons and that nothing be so designated without a good faith belief that it
6 has been maintained in a confidential, non-public manner, and there is good cause
7 why it should not be part of the public record of this case.
8 II. DEFINITIONS
9 2.1 Action: WILLIAM SCOTT FINDLEY, JR, et al. v. COUNTY OF
10 ORANGE, et al. CASE NO. 8:19-cv-02025-DOC(KES).
11 2.2 Challenging Party: a Party or Non-Party that challenges the
12 designation of information or items under this Order.
13 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
14 how it is generated, stored or maintained) or tangible things that qualify for protection
15 under Federal Rule of Civil Procedure 26(c), and as specified above in the Good
16 Cause Statement.
17 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
18 their support staff).
19 2.5 Designating Party: a Party or Non-Party that designates information or
20 items that it produces in disclosures or in responses to discovery as
21 “CONFIDENTIAL.”
22 2.6 Disclosure or Discovery Material: all items or information, regardless
23 of the medium or manner in which it is generated, stored, or maintained (including,
24 among other things, testimony, transcripts, and tangible things), that are produced or
25 generated in disclosures or responses to discovery in this matter.
26 24.7 Expert: a person with specialized knowledge or experience in a matter
27 pertinent to the litigation who has been retained by a Party or its counsel to serve as
1 an expert witness or as a consultant in this Action.
2 2.8 House Counsel: attorneys who are employees of a party to this Action.
3 House Counsel does not include Outside Counsel of Record or any other outside
4 counsel.
5 2.9 Non-Party: any natural person, partnership, corporation, association or
6 other legal entity not named as a Party to this action.
7 2.10 Outside Counsel of Record: attorneys who are not employees of a party
8 to this Action but are retained to represent or advise a party to this Action and have
9 appeared in this Action on behalf of that party or are affiliated with a law firm that
10 has appeared on behalf of that party, and includes support staff.
11 2.11 Party: any party to this Action, including all of its officers, directors,
12 employees, consultants, retained experts, and Outside Counsel of Record (and their
13 support staffs).
14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
15 Discovery Material in this Action.
16 2.13 Professional Vendors: persons or entities that provide litigation support
17 services (e.g., photocopying, videotaping, translating, preparing exhibits or
18 demonstrations, and organizing, storing, or retrieving data in any form or medium)
19 and their employees and subcontractors.
20 2.14 Protected Material: any Disclosure or Discovery Material that is
21 designated as “CONFIDENTIAL.”
22 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
23 from a Producing Party.
24 III. SCOPE
25 The protections conferred by this Stipulation and Order cover not only
26 Protected Material (as defined above), but also (1) any information copied or extracted
27 from Protected Material; (2) all copies, excerpts, summaries, or compilations of
1 Protected Material; and (3) any testimony, conversations, or presentations by Parties
2 or their Counsel that might reveal Protected Material.
3 Any use of Protected Material at trial shall be governed by the orders of
4 the trial judge. This Order does not govern the use of Protected Material at trial.
5 IV. DURATION
6 Once a case proceeds to trial, information that was designated as
7 CONFIDENTIAL or maintained pursuant to this protective order used or introduced
8 as an exhibit at trial becomes public and will be presumptively available to all
9 members of the public, including the press, unless compelling reasons supported by
10 specific factual findings to proceed otherwise are made to the trial judge in advance
11 of the trial. See Kamakana, infra, 447 F.3d at 1180-81 (distinguishing “good cause”
12 showing for sealing documents produced in discovery from “compelling reasons”
13 standard when merits-related documents are part of court record). Accordingly, the
14 terms of this protective order do not extend beyond the commencement of the
15 trial.
16 V. DESIGNATING PROTECTED MATERIAL
17 5.1 Exercise of Restraint and Care in Designating Material for Protection.
18 Each Party or Non-Party that designates information or items for protection under this
19 Order must take care to limit any such designation to specific material that qualifies
20 under the appropriate standards. The Designating Party must designate for protection
21 only those parts of material, documents, items or oral or written communications that
22 qualify so that other portions of the material, documents, items or communications
23 for which protection is not warranted are not swept unjustifiably within the ambit of
24 this Order.
25 Mass, indiscriminate or routinized designations are prohibited. Designations
26 that are shown to be clearly unjustified or that have been made for an improper
27 purpose (e.g., to unnecessarily encumber the case development process or to impose
1 unnecessary expenses and burdens on other parties) may expose the Designating Party
2 to sanctions.
3 If it comes to a Designating Party’s attention that information or items that it
4 designated for protection do not qualify for protection, that Designating Party must
5 promptly notify all other Parties that it is withdrawing the inapplicable designation.
6 5.2 Manner and Timing of Designations. Except as otherwise provided in
7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
9 under this Order must be clearly so designated before the material is disclosed or
10 produced.
11 Designation in conformity with this Order requires:
12 (a) For information in documentary form (e.g., paper or electronic
13 documents, but excluding transcripts of depositions or other pretrial or trial
14 proceedings), that the Producing Party affix at a minimum, the legend
15 “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page
16 that contains protected material. If only a portion of the material on a page
17 qualifies for protection, the Producing Party also must clearly identify the
18 protected portion(s) (e.g., by making appropriate markings in the margins).
19 A Party or Non-Party that makes original documents available for
20 inspection need not designate them for protection until after the inspecting
21 Party has indicated which documents it would like copied and produced.
22 During the inspection and before the designation, all of the material made
23 available for inspection shall be deemed “CONFIDENTIAL.” After the
24 inspecting Party has identified the documents it wants copied and produced,
25 the Producing Party must determine which documents, or portions thereof,
26 qualify for protection under this Order. Then, before producing the specified
27 documents, the Producing Party must affix the “CONFIDENTIAL legend”
1 to each page that contains Protected Material. If only a portion of the
2 material on a page qualifies for protection, the Producing Party also must
3 clearly identify the protected portion(s) (e.g., by making appropriate
4 markings in the margins).
5 (b) For testimony given in depositions that the Designating Party
6 identifies the Disclosure or Discovery Material on the record, before the
7 close of the deposition all protected testimony.
8 (c) For information produced in some form other than documentary
9 and for any other tangible items, that the Producing Party affix in a
10 prominent place on the exterior of the container or containers in which the
11 information is stored the legend “CONFIDENTIAL.” If only a portion or
12 portions of the information warrants protection, the Producing Party, to the
13 extent practicable, shall identify the protected portion(s).
14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
15 failure to designate qualified information or items does not, standing alone, waive the
16 Designating Party’s right to secure protection under this Order for such material.
17 Upon timely correction of a designation, the Receiving Party must make reasonable
18 efforts to assure that the material is treated in accordance with the provisions of this
19 Order.
20 VI. CHALLENGING CONFIDENTIALITY DESIGNATIONS
21 6.1 Timing of Challenges. Any Party or Non-Party may challenge
22 a designation of confidentiality at any time that is consistent with the
23 Court’s Scheduling Order.
24 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
25 resolution process under Local Rule 37-1 et seq.
26 6.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
27 joint stipulation pursuant to Local Rule 37-2.
1 6.4 The burden of persuasion in any such challenge proceeding shall be on
2 the Designating Party. Frivolous challenges, and those made for an improper
3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
4 parties) may expose the Challenging Party to sanctions. Unless the Designating
5 Party has waived or withdrawn the confidentiality designation, all parties shall
6 continue to afford the material in question the level of protection to which it is
7 entitled under the Producing Party’s designation until the Court rules on the
8 challenge.
9 VII. ACCESS AND USE TO PROTECTED MATERIAL
10 7.1 Basic Principles. A Receiving Party may use Protected Material that is
11 disclosed or produced by another Party or by a Non-Party in connection with this
12 Action only for prosecuting, defending or attempting to settle this Action. Such
13 Protected Material may be disclosed only to the categories of persons and under the
14 conditions described in this Order. When the Action has been terminated, a Receiving
15 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
16 Protected Material must be stored and maintained by a Receiving Party at a
17 location and in a secure manner that ensures that access is limited to the persons
18 authorized under this Order.
19 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
20 otherwise ordered by the court or permitted in writing by the Designating Party, a
21 Receiving Party may disclose any information or item designated
22 “CONFIDENTIAL” only to:
23 (a) The Receiving Party’s Outside Counsel of Record in this Action,
24 as well as employees of said Outside Counsel of Record to whom it is
25 reasonably necessary to disclose the information for this Action;
26 (b) The officers, directors, and employees (including House Counsel)
27 of the Receiving Party to whom disclosure is reasonably necessary for
1 this Action;
2 (c) Experts (as defined in this Order) of the Receiving Party to whom
3 disclosure is reasonably necessary for this Action and who have signed
4 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5 (d) The court and its personnel;
6 (e) Court reporters and their staff;
7 (f) Professional jury or trial consultants, mock jurors, and
8 Professional Vendors to whom disclosure is reasonably necessary for this
9 Action and who have signed the “Acknowledgment and Agreement to Be
10 Bound” (Exhibit A);
11 (g) The author or recipient of a document containing the information
12 or a custodian or other person who otherwise possessed or knew the
13 information;
14 (h) During their depositions, witnesses, and attorneys for witnesses,
15 in the Action to whom disclosure is reasonably necessary provided: (1)
16 the deposing party requests that the witness sign the form attached as
17 Exhibit 1 hereto; and (2) they will not be permitted to keep any
18 confidential information unless they sign the “Acknowledgment and
19 Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
20 Designating Party or ordered by the court. Pages of transcribed deposition
21 testimony or exhibits to depositions that reveal Protected Material may
22 be separately bound by the court reporter and may not be disclosed to
23 anyone except as permitted under this Stipulated Protective Order; and
24 (i) any mediator or settlement officer, and their supporting personnel,
25 mutually agreed upon by any of the parties engaged in settlement
26 discussions.
27
1 VIII. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2 PRODUCED IN OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation
4 that compels disclosure of any information or items designated in this Action as
5 “CONFIDENTIAL,” that Party must:
6 (a) Promptly notify in writing the Designating Party. Such
7 notification shall include a copy of the subpoena or court order;
8 (b) Promptly notify in writing the party who caused the subpoena or
9 order to issue in the other litigation that some or all of the material covered
10 by the subpoena or order is subject to this Protective Order. Such
11 notification shall include a copy of this Stipulated Protective Order; and
12 (c) Cooperate with respect to all reasonable procedures sought to be
13 pursued by the Designating Party whose Protected Material may be
14 affected.
15 If the Designating Party timely seeks a protective order, the Party served with
16 the subpoena or court order shall not produce any information designated in this action
17 as “CONFIDENTIAL” before a determination by the court from which the subpoena
18 or order issued, unless the Party has obtained the Designating Party’s permission. The
19 Designating Party shall bear the burden and expense of seeking protection in that court
20 of its confidential material and nothing in these provisions should be construed as
21 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
22 directive from another court.
23 IX. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
24 PRODUCED IN THIS LITIGATION
25 (a) The terms of this Order are applicable to information produced by a Non-
26 Party in this Action and designated as “CONFIDENTIAL.” Such
27 information produced by Non-Parties in connection with this litigation is
1 protected by the remedies and relief provided by this Order. Nothing in these
2 provisions should be construed as prohibiting a Non-Party from seeking
3 additional protections.
4 (b) In the event that a Party is required, by a valid discovery request, to
5 produce a Non-Party’s confidential information in its possession, and the
6 Party is subject to an agreement with the Non-Party not to produce the Non-
7 Party’s confidential information, then the Party shall:
8 (1) promptly notify in writing the Requesting Party and the Non-Party
9 that some or all of the information requested is subject to a
10 confidentiality agreement with a Non-Party;
11 (2) promptly provide the Non-Party with a copy of the Stipulated
12 Protective Order in this Action, the relevant discovery request(s), and a
13 reasonably specific description of the information requested; and
14 (3) Make the information requested available for inspection by the
15 Non-Party, if requested.
16 (c) If the Non-Party fails to seek a protective order from this court within 14
17 days of receiving the notice and accompanying information, the Receiving
18 Party may produce the Non-Party’s confidential information responsive to
19 the discovery request. If the Non-Party timely seeks a protective order, the
20 Receiving Party shall not produce any information in its possession or
21 control that is subject to the confidentiality agreement with the Non-Party
22 before a determination by the court. Absent a court order to the contrary, the
23 Non-Party shall bear the burden and expense of seeking protection in this
24 court of its Protected Material.
25 X. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
26 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
27 Protected Material to any person or in any circumstance not authorized under this
1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
4 persons to whom unauthorized disclosures were made of all the terms of this Order,
5 and (d) request such person or persons to execute the “Acknowledgment and
6 Agreement to Be Bound” that is attached hereto as Exhibit A.
7 XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
8 PROTECTED MATERIALS
9 When a Producing Party gives notice to Receiving Parties that certain
10 inadvertently produced material is subject to a claim of privilege or other protection,
11 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
12 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
13 may be established in an e-discovery order that provides for production without prior
14 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
15 parties reach an agreement on the effect of disclosure of a communication or
16 information covered by the attorney-client privilege or work product protection, the
17 parties may incorporate their agreement in the stipulated protective order submitted
18 to the court.
19 XII. MISCELLANEOUS
20 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
21 person to seek its modification by the Court in the future.
22 14.2 Right to Assert Other Objections. By stipulating to the entry of this
23 Protective Order, no Party waives any right it otherwise would have to object to
24 disclosing or producing any information or item on any ground not addressed in this
25 Stipulated Protective Order. Similarly, no Party waives any right to object on any
26 ground to use in evidence of any of the material covered by this Protective Order.
27
1 14.3 Filing Protected Material. A Party that seeks to file under seal any
2 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
3 only be filed under seal pursuant to a court order authorizing the sealing of the specific
4 Protected Material at issue. If a Party’s request to file Protected Material under seal is
5 denied by the court, then the Receiving Party may file the information in the public
6 record unless otherwise instructed by the court.
7 XIII. FINAL DISPOSITION
8 After the final disposition of this Action, as defined herein, within sixty (60)
9 days of a written request by the Designating Party, each Receiving Party must destroy
10 such material. As used in this subdivision, “all Protected Material” includes all copies,
11 abstracts, compilations, summaries, and any other format reproducing or capturing
12 any of the Protected Material. Receiving Party must submit a written certification to
13 the Producing Party (and, if not the same person or entity, to the Designating Party)
14 by the 60 day deadline that confirms in writing the destruction of all Protected
15 Material. Notwithstanding this provision, Counsel are entitled to retain an archival
16 copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
17 memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
18 work product, and consultant and expert work product, even if such materials contain
19 Protected Material. Any such archival copies that contain or constitute Protected
20 Material remain subject to this Protective Order as set forth herein.
21 XIV. ACKNOWLEDGEMENT OF PROCEDURE FOR FILING UNDER
22 SEAL
23 The parties further acknowledge, as set forth in Section 12.3, below, that this
24 Stipulated Protective Order does not entitle them to file confidential information
25 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and
26 the standards that will be applied when a party seeks permission from the court to file
27 material under seal.
1 There is a strong presumption that the public has a right of access to judicial
2 proceedings and records in civil cases. In connection with non-dispositive motions,
3 good cause must be shown to support a filing under seal. See Kamakana v. City and
4 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006) (“Kamakana”), Phillips v.
5 Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
6 Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
7 orders require good cause showing), and a specific showing of good cause or
8 compelling reasons with proper evidentiary support and legal justification, must be
9 made with respect to Protected Material that a party seeks to file under seal. The
10 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
11 does not, without the submission of competent evidence by declaration, establishing
12 that the material sought to be filed under seal qualifies as confidential, privileged, or
13 otherwise protectable—constitute good cause.
14 Further, if a party requests sealing related to a dispositive motion or trial, then
15 compelling reasons, not only good cause, for the sealing must be shown, and the relief
16 sought shall be narrowly tailored to serve the specific interest to be protected. See
17 Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For each
18 item or type of information, document, or thing sought to be filed or introduced under
19 seal in connection with a dispositive motion or trial, the party seeking protection must
20 articulate compelling reasons, supported by specific facts and legal justification, for
21 the requested sealing order. Again, competent evidence supporting the application to
22 file documents under seal must be provided by declaration.
23 Any document that is not confidential, privileged, or otherwise protectable in
24 its entirety will not be filed under seal if the confidential portions can be redacted. If
25 documents can be redacted, then a redacted version for public viewing, omitting only
26 the confidential, privileged, or otherwise protectable portions of the document, shall
27 be filed. Any application that seeks to file documents under seal in their entirety
1 should include an explanation of why redaction is not feasible.
2 XV. VIOLATION
3 Any violation of this Order may be punished by appropriate measures
4 including, without limitation, contempt proceedings and/or monetary sanctions.
5 IT IS SO STIPULATED.
6 DATED: June 5, 2020 Respectfully Submitted,
7
LYNBERG & WATKINS
8 A Professional Corporation
9
By: /s/ Jonathan C. Bond
10 NORMAN J. WATKINS
JONATHAN C. BOND
11
Attorneys for Defendants, COUNTY OF
12 ORANGE; LAURIE BETH
SCHWARTZ; MARIO ALVERGUE
13
14 DATED: June 5, 2020 LAW OFFICE OF GREGORY
PEACOCK
15
16 By: /s/ Gregory Peacock
GREGORY PEACOCK
17
Attorney for Plaintiffs, WILLIAM
18 SCOTT FINDLEY, JR. and VERNANNE
19 COHEN
20
21
22
23
24
25
26
27
1 [PROPOSED] ORDER
2|| FOR GOOD CAUSE SHOWN VIA THE FOREGOING STIPULATION, IT
3 IS SO ORDERED.
5
6 || Dated: June 9, 2020 Di oan & Scot )
7 Hon. Karen E. Scott
United States Magistrate Judge
8 Central District of California
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________________, with the address of
4 _____________________________________________ declare under penalty of
5 perjury that I have read in its entirety and understand the Stipulated Protective Order
6 that was issued by the United States District Court for the Central District of California
7 on this date of __________________ in the case of WILLIAM SCOTT FINDLEY,
8 JR., et al. v. COUNTY OF ORANGE, ET AL., Case No. and VERNANNE COHEN.
9 Case No. 8:19-cv-02025-DOC(KES). I agree to comply with and to be bound by all
10 the terms of this Stipulated Protective Order and I understand and acknowledge that
11 failure to so comply could expose me to sanctions and punishment in the nature of
12 contempt. I solemnly promise that I will not disclose in any manner any information
13 or item that is subject to this Stipulated Protective Order to any person or entity except
14 in strict compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 for the Central District of California for enforcing the terms of this Stipulated
17 Protective Order, even if such enforcement proceedings occur after termination of this
18 action.
19 I hereby appoint ____________________________ with address
20 ___________________________________ and telephone number
21 _____________________ as my California agent for service of process in connection
22 with this action or any proceedings related to enforcement of this Stipulated Protective
23 Order.
24 Dated: _____________________ City/State: ___________________________
25 Name: ________________________________
26 Signature: ___________________________________
27
1 4834-2651-0269, v. 3
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