Opinion

Tiggs v. County of San Joaquin

Court
District Court, E.D. California
Filed
May 25, 2023
Cited by
0 cases
Authority
More cited than 18.3%

The opinion

1||\PORTER SCOTT

2 A PROFESSIONAL CORPORATION

Carl L. Fessenden, SBN 161494

3 || ctessenden@porterscott.com

Suli A. Mastorakos, SBN 330383

4 || smastorakos@porterscott.com

350 University Ave., Suite 200

5 Sacramento, California 95825

TEL: 916.929.1481

6 || FAX: 916.927.3706

7 || Attorneys for Defendant

g COUNTY OF SAN JOAQUIN

Exempt from Filing Fees Pursuant to Government Code § 6103

Sanjay S. Schmidt (SBN 247475)

10 |} LAW OFFICE OF SANJAY SCHMIDT

1388 Sutter Street, Suite 810

11 San Francisco, CA 94109

12 || T: (415) 563-85-83

F: (415) 223-9717

13 ss@sanjayschmidtlaw.com

ATTORNEY FOR PLAINTIFFS

15 UNITED STATES DISTRICT COURT

16 EASTERN DISTRICT OF CALIFORNIA

17 || AISHA JAMILAH TIGGS, individually and No. 2:22-cv-2163 KJM DB

as co-successor in interest to Decedent

18 |] MARCUS CRUMB, M.T.C., Jr., a minor, by STIPULATED PROTECTIVE ORDER

19 || and through his proposed guardian ad litem,

AISHA JAMILAH TIGGS, individually and

20 co-successor in interest to Decedent

MARCUS CRUMB, N.C., a minor by and

21 through his proposed guardian ad litem,

92 || SEQUOIA BROWN, individually and as co-

successor in interest to Decedent MARCUS

23 |} CRUMB, MYKEAL CRUMB, individually

and co-successor in interest to Decedent

24 || MARCUS CRUMB, SIMON McCORMICK,

25 || JR., individually and as co-successor in

interest to Decedent MARCUS CRUMB, and

26 ||ROES 1-20, individually and co-

7 successors in interest to Decedent MARCUS

CRUMB,

28

Plaintiffs,

STIPULATED PROTECTIVE ORDER

1

v.

2

COUNTY OF SAN JOAQUIN, a public

3 entity, San Joaquin County Sheriff’s Office

employees DOES 1-30, individually, and

4

DOES 31-50, Jointly and Severally,

5

Defendants.

6 ___________________________________/

7

8 1. PURPOSES AND LIMITATIONS

9 Disclosure and discovery activity in this action are likely to involve production of confidential,

10 proprietary, or private information for which special protection from public disclosure and from use for

11 any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby

12 stipulate to and petition the court to enter the following Stipulated Protective Order. The parties

13 acknowledge that this Order does not confer blanket protections on all disclosures or responses to

14 discovery and that the protection it affords from public disclosure and use extends only to the limited

15 information or items that are entitled to confidential treatment under the applicable legal principles. The

16 parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does

17 not entitle them to file confidential information under seal; Local Rule 141 sets forth the procedures that

18 must be followed and the standards that will be applied when a party seeks permission from the court to

19 file material under seal.

20 2. DEFINITIONS

21 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or

22 items under this Order.

23 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated,

24 stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure

25 26(c).

26 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as

27 their support staff).

28 2.4 Designating Party: a Party or Non-Party that designates information or items that it

1 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”

2 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or

3 manner in which it is generated, stored, or maintained (including, among other things, testimony,

4 transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery

5 in this matter.

6 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the

7 litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant

8 in this action.

9 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does

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

11 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity

12 not named as a Party to this action.

13 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but

14 are retained to represent or advise a party to this action and have appeared in this action on behalf of that

15 party or are affiliated with a law firm which has appeared on behalf of that party.

16 2.10 Party: any party to this action, including all of its officers, directors, employees,

17 consultants, retained experts, and Outside Counsel of Record (and their support staffs).

18 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in

19 this action.

20 2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,

21 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or

22 retrieving data in any form or medium) and their employees and 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 Producing

26 Party.

27 3. SCOPE

28 The protections conferred by this Stipulation and Order cover not only Protected Material (as

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

2 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or

3 presentations by Parties or their Counsel that might reveal Protected Material. However, the protections

4 conferred by this Stipulation and Order do not cover the following information: (a) any information that

5 is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain

6 after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order,

7 including becoming part of the public record through trial or otherwise; and (b) any information known

8 to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from

9 a source who obtained the information lawfully and under no obligation of confidentiality to the

10 Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or

11 order.

12 4. DURATION

13 Even after final disposition of this litigation, the confidentiality obligations imposed by this Order

14 shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise

15 directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this

16 action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all

17 appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any

18 motions or applications for extension of time pursuant to applicable law.

19 5. DESIGNATING PROTECTED MATERIAL

20 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-

21 Party that designates information or items for protection under this Order must take care to limit any such

22 designation to specific material that qualifies under the appropriate standards. The Designating Party must

23 designate for protection only those parts of material, documents, items, or oral or written communications

24 that qualify – so that other portions of the material, documents, items, or communications for which

25 protection is not warranted are not swept unjustifiably within the ambit of this Order.

26 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be

27 clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or

28 retard the case development process or to impose unnecessary expenses and burdens on other parties)

1 expose the Designating Party to sanctions.

2 If it comes to a Designating Party’s attention that information or items that it designated for

3 protection do not qualify for protection, that Designating Party must promptly notify all other Parties that

4 it is withdrawing the mistaken designation.

5 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g.,

6 second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery

7 Material that qualifies for protection under this Order must be clearly so designated before the material is

8 disclosed or produced.

9 Designation in conformity with this Order requires:

10 (a) for information in documentary form (e.g., paper or electronic documents, but

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

12 the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion or portions

13 of the material on a page qualifies for protection, the Producing Party also must clearly identify the

14 protected portion(s) (e.g., by making appropriate markings in the margins).

15 A Party or Non-Party that makes original documents or materials available for inspection need not

16 designate them for protection until after the inspecting Party has indicated which material it would like

17 copied and produced. During the inspection and before the designation, all of the material made available

18 for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the

19 documents it wants copied and produced, the Producing Party must determine which documents, or

20 portions thereof, qualify for protection under this Order. Then, before producing the specified documents,

21 the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains Protected

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

23 Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the

24 margins).

25 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the

26 Designating Party identify on the record, before the close of the deposition, hearing, or other proceeding,

27 all protected testimony.

28 (c) for information produced in some form other than documentary and for any other

1 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or

2 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion or

3 portions of the information or item warrant protection, the Producing Party, to the extent practicable, shall

4 identify the protected portion(s).

5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate

6 qualified information or items does not, standing alone, waive the Designating Party’s right to secure

7 protection under this Order for such material. Upon timely correction of a designation, the Receiving Party

8 must make reasonable efforts to assure that the material is treated in accordance with the provisions of

9 this Order.

10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of

12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation

13 is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant

14 disruption or delay of the litigation, a Party does not waive its right to challenge a confidentiality

15 designation by electing not to mount a challenge promptly after the original designation is disclosed.

16 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by

17 providing written notice of each designation it is challenging and describing the basis for each challenge.

18 To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the

19 challenge to confidentiality is being made in accordance with this specific paragraph of the Protective

20 Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by

21 conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within

22 14 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its

23 belief that the confidentiality designation was not proper and must give the Designating Party an

24 opportunity to review the designated material, to reconsider the circumstances, and, if no change in

25 designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed

26 to the next stage of the challenge process only if it has engaged in this meet and confer process first or

27 establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely

28 manner.

1 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,

2 the Designating Party shall file and serve a motion to retain confidentiality under Civil Local Rule 230

3 (and in compliance with Local Rule 141, if applicable) within 21 days of the initial notice of challenge or

4 within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute,

5 whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that

6 the movant has complied with the meet and confer requirements imposed in the preceding paragraph.

7 Failure by the Designating Party to make such a motion including the required declaration within 21 days

8 (or 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged

9 designation. In addition, the Challenging Party may file a motion challenging a confidentiality designation

10 at any time if there is good cause for doing so, including a challenge to the designation of a deposition

11 transcript or any portions thereof. Any motion brought pursuant to this provision must be accompanied

12 by a competent declaration affirming that the movant has complied with the meet and confer requirements

13 imposed by the preceding paragraph.

14 The burden of persuasion in any such challenge proceeding shall be on the Designating Party.

15 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary

16 expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the

17 Designating Party has waived the confidentiality designation by failing to file a motion to retain

18 confidentiality as described above, all parties shall continue to afford the material in question the level of

19 protection to which it is entitled under the Producing Party’s designation until the court rules on the

20 challenge.

21 7. ACCESS TO AND USE OF PROTECTED MATERIAL

22 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or

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

24 or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of

25 persons and under the conditions described in this Order. When the litigation has been terminated, a

26 Receiving Party must comply with the provisions of section 13 below (FINAL DISPOSITION).

27 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure

28 manner that ensures that access is limited to the persons authorized under this Order.

1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the

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

3 item designated “CONFIDENTIAL” only to:

4 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees

5 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this

6 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto

7 as Exhibit A;

8 (b) the officers, directors, and employees (including House Counsel) of the Receiving

9 Party to whom disclosure is reasonably necessary for this litigation and who have signed the

10 “Acknowledgment and Agreement to Be Bound” (Exhibit A);

11 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is

12 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be

13 Bound” (Exhibit A);

14 (d) the court and its personnel;

15 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, and

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

17 the “Acknowledgment and Agreement to Be Bound” (Exhibit A);

18 (f) during their depositions, witnesses in the action to whom disclosure is reasonably

19 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

20 otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed deposition

21 testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court

22 reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order.

23 (g) the author or recipient of a document containing the information or a custodian or other

24 person who otherwise possessed or knew the information.

25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

26 LITIGATION

27 If a Party is served with a subpoena or a court order issued in other litigation that compels

28 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must:

1 (a) promptly notify in writing the Designating Party. Such notification shall include a copy

2 of the subpoena or court order;

3 (b) promptly notify in writing the party who caused the subpoena or order to issue in the

4 other litigation that some or all of the material covered by the subpoena or order is subject to this Protective

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

6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the

7 Designating Party whose Protected Material may be affected.

8 If the Designating Party timely seeks a protective order, the Party served with the subpoena or

9 court order shall not produce any information designated in this action as “CONFIDENTIAL” before a

10 determination by the court from which the subpoena or order issued, unless the Party has obtained the

11 Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking

12 protection in that court of its confidential material – and nothing in these provisions should be construed

13 as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another

14 court.

15 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

16 LITIGATION

17 (a) The terms of this Order are applicable to information produced by a Non-Party in this

18 action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection

19 with this litigation is protected by the remedies and relief provided by this Order. Nothing in these

20 provisions should be construed as prohibiting a Non-Party from seeking additional protections.

21 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-

22 Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-

23 Party not to produce the Non-Party’s confidential information, then the Party shall:

24 (1) promptly notify in writing the Requesting Party and the Non-Party that some

25 or all of the information requested is subject to a confidentiality agreement with a Non-Party;

26 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order

27 in this litigation, the relevant discovery request(s), and a reasonably specific description of the information

28 requested; and

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

2 (c) If the Non-Party fails to object or seek a protective order from this court within 14 days

3 of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s

4 confidential information responsive to the discovery request. If the Non-Party timely seeks a protective

5 order, the Receiving Party shall not produce any information in its possession or control that is subject to

6 the confidentiality agreement with the Non-Party before a determination by the court. Absent a court

7 order to the contrary, the Non-Party shall bear the burden and expense of seeking protection in this court

8 of its Protected Material.

9 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

10 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected Material

11 to any person or in any circumstance not authorized under this Stipulated Protective Order, the Receiving

12 Party must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b)

13 use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the person or

14 persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such

15 person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is attached hereto

16 as Exhibit A.

17 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

18 MATERIAL

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

20 material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are

21 those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

22 whatever procedure may be established in an e-discovery order that provides for production without prior

23 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an

24 agreement on the effect of disclosure of a communication or information covered by the attorney-client

25 privilege or work product protection, the parties may incorporate their agreement in the stipulated

26 protective order submitted to the court.

27 12. MISCELLANEOUS

28 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its

1 modification by the court in the future.

2 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order no

3 Party waives any right it otherwise would have to object to disclosing or producing any information or

4 item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right

5 to object on any ground to use in evidence of any of the material covered by this Protective Order.

6 12.3 Filing Protected Material. Without written permission from the Designating Party or a court

7 order secured after appropriate notice to all interested persons, a Party may not file in the public record in

8 this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply

9 with Local Rule 141. Protected Material may only be filed under seal pursuant to a court order authorizing

10 the sealing of the specific Protected Material at issue. Pursuant to Local Rule 141, a sealing order will

11 issue only upon a request establishing that the Protected Material at issue is privileged, protectable as a

12 trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file

13 Protected Material under seal pursuant to Local Rule 141(b) is denied by the court, then the Receiving

14 Party may file the information in the public record pursuant to Local Rule 141(e) unless otherwise

15 instructed by the court.

16 13. FINAL DISPOSITION

17 Within 60 days after the final disposition of this action, as defined in paragraph 4, each Receiving

18 Party must return all Protected Material to the Producing Party or destroy such material. As used in this

19 subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other

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

21 or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not

22 the same person or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by category,

23 where appropriate) all the Protected Material that was returned or destroyed and (2) affirms that the

24 Receiving Party has not retained any copies, abstracts, compilations, summaries or any other format

25 reproducing or capturing any of the Protected Material. Notwithstanding this provision, Counsel are

26 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,

27 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product,

28 and consultant and expert work product, even if such materials contain Protected Material. Any such

1 archival copies that contain or constitute Protected Material remain subject to this Protective Order as set

2 forth in Section 4 (DURATION).

3 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

4

5 Dated: May 24, 2023 PORTER SCOTT

A PROFESSIONAL CORPORATION

6

7

By _/s/Carl L. Fessenden___________

8 Carl L. Fessenden

Suli A. Mastorakos

9

Attorneys for Defendants

10

11

12 Dated: May 24, 2023 LAW OFFICE OF SANJAY SCHMIDT

13

14 By /s/Sanjay S. Schmidt (Authorized on 05/23/23 )

Sanjay S. Schmidt

15 Attorneys for Plaintiffs

16

17

ORDER

18

19 Pursuant to the parties’ stipulation, IT IS SO ORDERED.

20 IT IS FURTHER ORDERED THAT:

21 1. Requests to seal documents shall be made by motion before the same judge who will decide

22 the matter related to that request to seal.

23 2. The designation of documents (including transcripts of testimony) as confidential pursuant to

24

this order does not automatically entitle the parties to file such a document with the court under seal.

25

Parties are advised that any request to seal documents in this district is governed by Local Rule 141. In

26

brief, Local Rule 141 provides that documents may only be sealed by a written order of the court after a

27

specific request to seal has been made. L.R. 141(a). However, a mere request to seal is not enough under

28

the local rules. In particular, Local Rule 141(b) requires that “[t]he ‘Request to Seal Documents’ shall set

1 forth the statutory or other authority for sealing, the requested duration, the identity, by name or category,

2 of persons to be permitted access to the document, and all relevant information.” L.R. 141(b).

3 3. A request to seal material must normally meet the high threshold of showing that “compelling

4

reasons” support secrecy; however, where the material is, at most, “tangentially related” to the merits of

5

a case, the request to seal may be granted on a showing of “good cause.” Ctr. for Auto Safety v. Chrysler

6

Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir. 2016); Kamakana v. City and County of Honolulu, 447

7

F.3d 1172, 1178-80 (9th Cir. 2006).

8

4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of certain

9

documents, at any court hearing or trial – such determinations will only be made by the court at the hearing

10

or trial, or upon an appropriate motion.

11

5. With respect to motions regarding any disputes concerning this protective order which the

12

parties cannot informally resolve, the parties shall follow the procedures outlined in Local Rule 251.

13

Absent a showing of good cause, the court will not hear discovery disputes on an ex parte basis or on

14

15 shortened time.

16 6. The parties may not modify the terms of this Protective Order without the court’s approval. If

17 the parties agree to a potential modification, they shall submit a stipulation and proposed order for the

18 court’s consideration.

19 7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement of the

20 terms of this Protective Order after the action is terminated.

21 8. Any provision in the parties’ stipulation that is in conflict with anything in this order is hereby

22 DISAPPROVED.

23 DATED: May 24, 2023 /s/ DEBORAH BARNES

UNITED STATES MAGISTRATE JUDGE

24

25

26

27

28

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 the

5 Stipulated Protective Order that was issued by the United States District Court, Eastern District of

6 California, on [date] in the case of Tiggs v. County of San Joaquin, et al., Case No. 2:22-cv-02163-KJM-

7 DB. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I

8 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in

9 the nature of contempt. I solemnly promise that I will not disclose in any manner any information or item

10 that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with

11 the provisions of this Order.

12 I further agree to submit to the jurisdiction of the United States District Court, Eastern District of

13 California, for the purpose of enforcing the terms of this Stipulated Protective Order, even if such

14 enforcement proceedings occur after termination of this action.

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

16 _______________________________________ [print or type full address and telephone number] as my

17 California agent for service of process in connection with this action or any proceedings related to

18 enforcement of this Stipulated Protective Order.

19

20 Date: ______________________________________

21 City and State where sworn and signed: _________________________________

22

23 Printed name: _______________________________

24

25 Signature: __________________________________

26

27

28

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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