# Houston v. City of Fairfield

> District Court, E.D. California · December 2, 2022

URL: https://www.frixlaw.com/law-library/cases/10048952

## Case

- **Court:** District Court, E.D. California
- **Decided:** December 2, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

1 KEVIN P. ALLEN, State Bar No. 252290
kallen@aghwlaw.com
2 ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
3 San Francisco, CA 94104
Telephone: (415) 697-2000
4 Facsimile: (415) 813-2045

5 Attorneys for Defendants
CITY OF FAIRFIELD, BRENDAN BASSI, DAVID
6 REEVES, JOSHUA SMITH, RUSSELL TAYLOR

7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9

10
DANIELLE HOUSTON, No. 2:22-cv-01045 JAM DB
11
STIPULATED PROTECTIVE ORDER,
12 Plaintiff, PURSUANT TO CIVIL LOCAL RULE
141.1
13 v.

14
CITY OF FAIRFIELD, et. al,
15
Defendants.
16

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1 1. PURPOSES AND LIMITATIONS
2 Disclosure and discovery activity in this action are likely to involve production of
3 confidential, proprietary, or private information for which special protection from public
4 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
5 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated
6 Protective Order. The parties acknowledge that this Order does not confer blanket protections on
7 all disclosures or responses to discovery and that the protection it affords from public disclosure
8 and 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 141 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 information or items under this Order.
17 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). It encompasses information where public disclosure is likely to result in
20 particularized harm, or where public disclosure would violate privacy interests recognized by law.
21 Examples of confidential information include, but are not limited to, the following:
22 a. personnel file records of any peace officer; and
23 b. medical records
24 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
25 well as their support staff).
26 2.4 Designating Party: a Party or Non-Party that designates information or items that
27 it produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
28 / / /
1 2.5 Disclosure or Discovery Material: all items or information, regardless of the
2 medium or manner in which it is generated, stored, or maintained (including, among other things,
3 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
4 responses to discovery in this matter.
5 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to
6 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
7 consultant in this action.
8 2.7 House Counsel: attorneys who are employees of a party to this action. House
9 Counsel does not include Outside Counsel of Record or any other outside counsel.
10 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
11 entity not named as a Party to this action.
12 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this
13 action but are retained to represent or advise a party to this action and have appeared in this action
14 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.
15 2.10 Party: any party to this action, including all of its officers, directors, employees,
16 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
17 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
18 Material in this action.
19 2.12 Professional Vendors: persons or entities that provide litigation support services
20 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
21 organizing, storing, or retrieving data in any form or medium) and their employees and
22 subcontractors.
23 2.13 Protected Material: any Disclosure or Discovery Material that is designated as
24 “CONFIDENTIAL.”
25 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a
26 Producing Party.
27 / / /
28 / / /
1 3. SCOPE
2 The protections conferred by this Stipulation and Order cover not only Protected Material
3 (as defined above), but also (1) any information copied from Protected Material; (2) all copies,
4 excerpts, summaries, or compilations of Protected Material that reveal the source of the Protected
5 Material or that reveal specific information entitled to confidentiality as a matter of law; and (3)
6 any testimony, conversations, or presentations by Parties or their Counsel that might reveal
7 Protected Material.
8 However, the protections conferred by this Stipulation and Order do not cover the
9 following information: (a) any information that is in the public domain at the time of disclosure to
10 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
11 a result of publication not involving a violation of this Order, including becoming part of the
12 public record through trial or otherwise; and (b) any information known to the Receiving Party
13 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
14 obtained the information lawfully and under no obligation of confidentiality to the Designating
15 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
16 4. DURATION
17 Even after final disposition of this litigation, the confidentiality obligations imposed by
18 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
19 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
20 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after
21 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
22 including the time limits for filing any motions or applications for extension of time pursuant to
23 applicable law.
24 5. DESIGNATING PROTECTED MATERIAL
25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
26 or Non-Party that designates information or items for protection under this Order must take care
27 to limit any such designation to specific material that qualifies under the appropriate standards.
28 The Designating Party must designate for protection only those parts of material, documents,
1 items, or oral or written communications that qualify – so that other portions of the material,
2 documents, items, or communications for which protection is not warranted are not swept
3 unjustifiably within the ambit of this Order.
4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
5 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
6 unnecessarily encumber or retard the case development process or to impose unnecessary
7 expenses and burdens on other parties) expose the Designating Party to sanctions.
8 If it comes to a Designating Party’s attention that information or items that it designated
9 for protection do not qualify for protection, that Designating Party must promptly notify all other
10 Parties that it is withdrawing the mistaken designation.
11 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
12 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
13 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
14 designated before the material is disclosed or produced.
15 Designation in conformity with this Order requires:
16 (a) for information in documentary form (e.g., paper or electronic documents, but
17 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
18 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a
19 portion or portions of the material on a page qualifies for protection, the Producing Party also
20 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
21 margins). A Party or Non-Party that makes original documents or materials available for
22 inspection need not designate them for protection until after the inspecting Party has indicated
23 which material it would like copied and produced. During the inspection and before the
24 designation, all of the material made available for inspection shall be deemed
25 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants copied and
26 produced, the Producing Party must determine which documents, or portions thereof, qualify for
27 protection under this Order. Then, before producing the specified documents, the Producing Party
28 must affix the “CONFIDENTIAL” legend to each page that contains Protected Material. If only a
1 portion or portions of the material on a page qualifies for protection, the Producing Party also
2 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
3 margins).
4 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
5 Designating Party identify on the record, before the close of the deposition, hearing, or other
6 proceeding, all protected testimony.
7 (c) for information produced in some form other than documentary and for any other
8 tangible items, that the Producing Party affix in a prominent place on the exterior of the container
9 or containers in which the information or item is stored the legend “CONFIDENTIAL.” If the
10 information is produced electronically, then the term “CONFIDENTIAL” must appear in the
11 name of each electronic file containing confidentially designated information. If only a portion or
12 portions of the information or item warrant protection, the Producing Party, to the extent
13 practicable, shall identify the protected portion(s).
14 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
15 designate qualified information or items does not, standing alone, waive the Designating Party’s
16 right to secure protection under this Order for such material. Upon timely correction of a
17 designation, the Receiving Party must make reasonable efforts to assure that the material is
18 treated in accordance with the provisions of this Order.
19 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
20 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
21 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
22 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
23 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
24 challenge a confidentiality designation by electing not to mount a challenge promptly after the
25 original designation is disclosed.
26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
27 process by providing written notice of each designation it is challenging and describing the basis
28 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written
1 notice must recite that the challenge to confidentiality is being made in accordance with the
2 Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin
3 the process by conferring directly (in voice to voice dialogue; other forms of communication are
4 not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party
5 must explain the basis for its belief that the confidentiality designation was not proper and must
6 give the Designating Party an opportunity to review the designated material, to reconsider the
7 circumstances, and, if no change in designation is offered, to explain the basis for the chosen
8 designation. A Challenging Party may proceed to the next stage of the challenge process only if it
9 has engaged in this meet and confer process first or establishes that the Designating Party is
10 unwilling to participate in the meet and confer process in a timely manner.
11 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
12 intervention, the Designating Party shall file and serve a motion to retain confidentiality under
13 Civil Local Rule 230 (and in compliance with Civil Local Rule 141, if applicable) within 21 days
14 of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer
15 process will not resolve their dispute, whichever is earlier. Each such motion must be
16 accompanied by a competent declaration affirming that the movant has complied with the meet
17 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to
18 make such a motion including the required declaration within 21 days (or 14 days, if applicable)
19 shall automatically waive the confidentiality designation for each challenged designation. In
20 addition, the Challenging Party may file a motion challenging a confidentiality designation at any
21 time if there is good cause for doing so, including a challenge to the designation of a deposition
22 transcript or any portions thereof. Any motion brought pursuant to this provision must be
23 accompanied by a competent declaration affirming that the movant has complied with the meet
24 and confer requirements imposed by the preceding paragraph.
25 The burden of persuasion in any such challenge proceeding shall be on the Designating
26 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
27 unnecessary expenses and burdens on other parties) may expose the Challenging Party to
28 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
1 file a motion to retain confidentiality as described above, all parties shall continue to afford the
2 material in question the level of protection to which it is entitled under the Producing Party’s
3 designation until the court rules on the challenge.
4 7. ACCESS TO AND USE OF PROTECTED MATERIAL
5 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
6 produced by another Party or by a Non-Party in connection with this case only for prosecuting,
7 defending, or attempting to settle this litigation. Such Protected Material may be disclosed by any
8 party only to the categories of persons and under the conditions described in this Order. When the
9 litigation has been terminated, a Receiving Party must comply with the provisions of section 13
10 below (FINAL DISPOSITION).
11 Protected Material must be stored and maintained by all parties at a location and in a
12 secure manner that ensures that access is limited to the persons authorized under this Order.
13 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
14 by the court or permitted in writing by agreement of both Designating Party and Receiving Party,
15 all parties may disclose any information or item designated “CONFIDENTIAL” only to:
16 (a) the Party’s Outside Counsel of Record in this action, as well as employees of said
17 Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this
18 litigation (counsel and law firms appearing in this action are deemed to have agreed to be bound
19 by this Protective Order);
20 (b) the officers, directors, and employees (including House Counsel) of the Party to
21 whom disclosure is reasonably necessary for this litigation, including employees and agents of the
22 designating party(ies) in the normal course of their business with due regard for the confidential
23 nature of the information under this protective order;
24 (c) Experts (as defined in this Order) of any Party to whom disclosure is reasonably
25 necessary for this litigation;
26 (d) the court and its personnel;
27 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and
28 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
1 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
2 (f) during their depositions, witnesses in the action to whom disclosure is reasonably
3 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
4 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
5 deposition testimony or exhibits to depositions that reveal Protected Material must be separately
6 bound by the court reporter and may not be disclosed to anyone except as permitted under this
7 Stipulated Protective Order or as agreed by all parties.
8 (g) the author or recipient of a document containing the information or a custodian or
9 other person who otherwise possessed or knew the information.
10 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
11 LITIGATION
12 If a Party is served with a subpoena or a court order issued in other litigation that compels
13 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
14 must:
15 (a) promptly notify in writing the Designating Party. Such notification shall include a
16 copy of the subpoena or court order;
17 (b) promptly notify in writing the party who caused the subpoena or order to issue in the
18 other litigation that some or all of the material covered by the subpoena or order is subject to this
19 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
20 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
21 Designating Party whose Protected Material may be affected.
22 If the Designating Party timely seeks a protective order, the Party served with the
23 subpoena or court order shall not produce any information designated in this action as
24 “CONFIDENTIAL” before a determination by the court from which the subpoena or order
25 issued, unless the Party has obtained the Designating Party’s permission. The Designating Party
26 shall bear the burden and expense of seeking protection in that court of its confidential material –
27 and nothing in these provisions should be construed as authorizing or encouraging a Receiving
28 Party in this action to disobey a lawful directive from another court.
1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
2 LITIGATION
3 (a) The terms of this Order are applicable to information produced by a Non-Party in this
4 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
5 connection with this litigation is protected by the remedies and relief provided by this Order.
6 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking
7 additional protections.
8 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
9 Party’s confidential information in its possession, and the Party is subject to an agreement with
10 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
11 (1) promptly notify in writing the Requesting Party and the Non-Party that some
12 or all of the information requested is subject to a confidentiality agreement with a
13 Non-Party;
14 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order
15 in this litigation, the relevant discovery request(s), and a reasonably specific
16 description of the information requested; and
17 (3) make the information requested available for inspection by the Non-Party.
18 (c) If the Non-Party fails to object or seek a protective order from this court within 14
19 days of receiving the notice and accompanying information, the Receiving Party may produce the
20 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
21 seeks a protective order, the Receiving Party shall not produce any information in its possession
22 or control that is subject to the confidentiality agreement with the Non-Party before a
23 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the
24 burden and expense of seeking protection in this court of its Protected Material.
25 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
26 If a Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to
27 any person or in any circumstance not authorized under this Stipulated Protective Order, the Party
28 must immediately (a) notify in writing all Parties of the unauthorized disclosures, (b) use its best
1 efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
2 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d)
3 request such person or persons to execute the “Acknowledgment and Agreement to Be Bound”
4 that is attached hereto as Exhibit A.
5 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
6 MATERIAL
7 When a Producing Party gives notice to Receiving Parties that certain inadvertently
8 produced material is subject to a claim of privilege or other protection, the obligations of the
9 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
10 provision is not intended to modify whatever procedure may be established in an e-discovery
11 order that provides for production without prior privilege review. Pursuant to Federal Rule of
12 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
13 communication or information covered by the attorney-client privilege or work product
14 protection, the parties may incorporate their agreement in the stipulated protective order
15 submitted to the court.
16 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to
18 seek its modification by the court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
20 Order no Party waives any right it otherwise would have to object to disclosing or producing any
21 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
22 Party waives any right to object on any ground to use in evidence of any of the material covered
23 by this Protective Order.
24 12.3 Filing Protected Material. Without written permission of all parties or a court order
25 secured after appropriate notice to all interested persons, a Party may not file in the public record
26 in this action any Protected Material. A Party that seeks to file under seal any Protected Material
27 must comply with Civil Local Rule 141. Protected Material may only be filed under seal pursuant
28 to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to
1 Civil Local Rule 141, a sealing order will issue only upon a request establishing that the Protected
2 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection
3 under the law. If a Party's request to file Protected Material under seal pursuant to Civil Local
4 Rule 141(b) is denied by the court, then the any Party may file the information in the public
5 record pursuant to Civil Local Rule 141(e)(1) unless otherwise instructed by the court.
6 13. FINAL DISPOSITION
7 Within 60 days after the final disposition of this action, as defined in paragraph 4, upon
8 written notification served by Producing or Designating Party, each Receiving Party must return
9 all Protected Material to the Producing Party or destroy such material. As used in this subdivision,
10 “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other
11 format reproducing or capturing any of the Protected Material. Whether the Protected Material is
12 returned or destroyed, the Receiving Party must submit a written certification to the Producing
13 Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that
14 (1) identifies (by category, where appropriate) all the Protected Material that was returned or
15 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts,
16 compilations, summaries or any other format reproducing or capturing any of the Protected
17 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
18 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
19 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
20 consultant and expert work product, even if such materials contain Protected Material. Any such
21 archival copies that contain or constitute Protected Material remain subject to this Protective
22 Order as set forth in Section 4 (DURATION).
23
24 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
LAW OFFICES OF PANOS LAGOS
25 DATED: November 16, 2022
26 _/s/ Panos Lagos
PANOS LAGOS
27 Attorneys for Plaintiff
DANIELLE HOUSTON
28
1

2

LAW OFFICE OF SANJAY S. SCHMIDT
3 DATED: November 16, 2022

4 _/s/ Sanjay S. Schmidt
SANJAY S. SCHMIDT
5 Attorneys for Plaintiff
DANIELLE HOUSTON
6
ALLEN, GLAESSNER, HAZELWOOD &
7 DATED: November 28, 2022
WERTH, LLP
8
_/s/ Kevin Allen
9 KEVIN ALLEN
Attorney for Defendants
10 CITY OF FAIRFIELD, BRENDAN BASSI,
DAVID REEVES, JOSHUA SMITH,
11
RUSSELL TAYLOR
12
13 ORDER
14 IT IS HEREBY ORDERED that the parties’ stipulation is granted.
15 IT IS FURTHER ORDERED THAT:
16 1. Requests to seal documents shall be made by motion before the same judge who will
17 decide the matter related to that request to seal.
18 2. The designation of documents (including transcripts of testimony) as confidential
19 pursuant to this order does not automatically entitle the parties to file such a document with the
20 court under seal. Parties are advised that any request to seal documents in this district is governed
21 by Local Rule 141. In brief, Local Rule 141 provides that documents may only be sealed by a
22 written order of the court after a specific request to seal has been made. L.R. 141(a). However, a
23 mere request to seal is not enough under the local rules. In particular, Local Rule 141(b) requires
24 that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,
25 the requested duration, the identity, by name or category, of persons to be permitted access to the
26 document, and all relevant information.” L.R. 141(b).
27 3. A request to seal material must normally meet the high threshold of showing that
28 “compelling reasons” support secrecy; however, where the material is, at most, “tangentially
1 related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”
2 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016);
3 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006).
4 4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of
5 certain documents, at any court hearing or trial – such determinations will only be made by the
6 court at the hearing or trial, or upon an appropriate motion.
7 5. With respect to motions regarding any disputes concerning this protective order which
8 the parties cannot informally resolve, the parties shall follow the procedures outlined in Local
9 Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex
10 parte basis or on shortened time.
11 6. The parties may not modify the terms of this Protective Order without the court’s
12 approval. If the parties agree to a potential modification, they shall submit a stipulation and
13 proposed order for the court’s consideration.
14 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement
15 of the terms of this Protective Order after the action is terminated.
16 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is
17 hereby DISAPPROVED.
18 DATED: December 1, 2022 /s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, _____________________________ [print or type full name], of _________________ [print or
4 type full address], declare under penalty of perjury that I have read in its entirety and understand
5 the Stipulated Protective Order that was issued by the United States District Court for the Eastern
6 District of California on [date] in the case of Houston v. City of Fairfield, et al., United States
7 District Court for the Eastern District of California, Case No. 2:22-cv-01045-JAM-DB
8 . I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I
9 understand and acknowledge that failure to so comply could expose me to sanctions and
10 punishment in the nature of contempt. I solemnly promise that I will not disclose in any manner
11 any information or item that is subject to this Stipulated Protective Order to any person or entity
12 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 Eastern
14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order,
15 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.
20
21 Date: ______________________________________
22 City and State where sworn and signed: _________________________________
23
24 Printed name: _______________________________
25
26 Signature: __________________________________

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10048952. Public record. Not legal advice.