The opinion
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4
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
'0 | JERRY COX AND JDC LAND CASE NO.: 1:19-cv-01105-JLT-BAM
COMPANY LLC
D Plaintiffs, STIPULATION FOR ENTRY OF PROTECTIV
ORDER REGARDING CONFIDENTIAL
13 Vv. DOCUMENTS AND PROTECTIVE ORDER
14 | MARIPOSA COUNTY; SHERIFF DEPUTY
WILLIAM ATKINSON; SHERIFF DEPUTY
15 | WESLEY SMITH; ASHLEY HARRIS; AND
DOES 1 THROUGH 100, INCLUSIVE.
° Defendants.
17
18
19
20 By and through their attorneys of record, Plaintiffs JERRY COX and JDC LANI
21 |COMPANY LLC and Defendants MARIPOSA COUNTY; SHERIFF DEPUTY □□□□□□□
22 | ATKINSON; SHERIFF DEPUTY WESLEY SMITH; and ASHLEY HARRIS hereby AGREE ANI
23 | STIPULATE AS FOLLOWS:
24 11 PURPOSES AND LIMITATIONS
25 ]}1.1 Disclosure and discovery activity in this action are likely to involve production of confidentia
26 proprietary, or private information for which special protection from public disclosure and frot
27 use for any purpose other than prosecuting this litigation may be warranted. Accordingly, th
28 parties hereby stipulate to and petition the court to enter the following Stipulated Protectiv
1 Order. The parties acknowledge that this Order does not confer blanket protections on a
2 disclosures or responses to discovery and that the protection it affords from public disclosut
3 and use extends only to the limited information or items that are entitled to confidenti
4 treatment under the applicable legal principles. The parties further acknowledge, as set forth i
5 Section 12.3, below, that this Stipulated Protective Order does not entitle them to fil
6 confidential information under seal; Local Rule 140 of the Eastern District of California set
7 forth the procedures to be followed when a party seeks an order from the court to file materi:
8 under seal.
9 12 DEFINITIONS
10 □□□ Challenging Party: a Party or Non-Party that challenges the designation of information or iter
11 under this Order.
12 2.2 Confidential Discovery Material: (a) information protected from disclosure by statute; (t
13 information that reveals trade secrets; (c) research, development, technical, commercial ¢
14 financial information that the party has maintained confidential, including information relate
15 to proprietary licensing, marketing, and analyses; (d) information concerning any individua
16 (e) personal identity information; (f) personnel or employment records of a person; or (g) othe
17 information or documents regarding a person protected by the person’s right to privac
18 provided by the California and U.S. Constitutions.
19 |2.3. Confidential Discovery Material may be designated as “CONFIDENTIAL” or “HIGHL
20 CONFIDENTIAL: ATTORNEY’S EYES ONLY”.
21 12.4 “HIGHLY CONFIDENTIAL: ATTORNEY’S EYES ONLY” designation shall be applie
22 to highly sensitive confidential information that the designating party believes in good fait
23 would create a substantial risk of serious injury if disclosed to another party or non-party, an
24 that such risk cannot be avoided by less restrictive means, such as highly personal and privat
25 information, including personal medical records, or private photographs or images.
26 12.5 Counsel: Counsel of record, Outside Counsel of Record, and House Counsel; include
27 counsels’ support staff.
28 12.6 Designating Party: a Party or Non-Party that designates information or items that it produce
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
enn ne en ene nnn nnn nn nn nnn nnn nnn nnn nn nn ne OO
1 in disclosures or in responses to discovery as “CONFIDENTIAL.”
2 12.7 Disclosure or Discovery Material: all items or information, regardless of the medium or manne
3 in which it is generated, stored, or maintained (including, among other things, testimony, vide
4 recorded testimony, transcripts, and tangible things), that are produced or generated i
5 disclosures or responses to discovery in this matter.
6 |2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigatio
7 who has been retained by a Party or its counsel to serve as an expert witness or as a consultat
8 in this action.
9 |2.9 House Counsel: attorneys who are employees of a party to this action. House Counsel does nc
10 include Outside Counsel of Record or any other outside counsel.
11 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal entity nc
12 named as a Party to this action. A Non-Party does not include a Party that is dismissed fro1
13 action.
14 12.11 Qutside Counsel of Record: attorneys (and their support staff) who are not employees of a part
15 to this action but are retained to represent or advise a party to this action and have appeared 1
16 this action on behalf of that party or are affiliated with a law firm which has appeared on beha
17 of that party.
18 2.12 Party: any named party to this action, including all of its counsel, officers, directors, employee:
19 consultants, retained experts, and Outside Counsel of Record (and their support staff). Partie
20 dismissed from this action continue to be designated as a “Party” for purposes of this Stipulate
21 Protective Order.
22 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in th:
23 action.
24 12.14 Professional Vendors: persons or entities that provide litigation support services (e.g
25 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing
26 storing, or retrieving data in any form or medium) and their employees and subcontractors.
27 2.15 Protected Material: any Disclosure or Discovery Material that is designated <
28 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL: ATTORNEY’S EYES ONLY”.
RTIPTIT ATION IPRQPOSEDICONEINENTTIATITY ORDER.
nen en nee ene nnn nnn nn nn nnn nnn nnn nnn nn nn ne OE
1 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party
213 SCOPE
3 |3.1 The protections conferred by this Stipulation and Order cover not only Protected Material (¢
4 defined above), but also (1) any information copied or extracted from Protected Material; (2
5 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any □□□□□□□□
6 conversations, or presentations by Parties or their Counsel that might reveal Protected Materia
7 However, the protections conferred by this Stipulation and Order do not cover the followin
8 information: (a) any information that is in the public domain at the time of disclosure to
9 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Part
10 as a result of publication not involving a violation of this Order, including becoming part of th
11 public record through trial or otherwise; and (b) any information known to the Receiving Part
12 prior to the disclosure or obtained by the Receiving Party after the disclosure from a sourc
13 who obtained the information lawfully and under no obligation of confidentiality to th
14 Designating Party. Any use of Protected Material at trial shall be governed by a separat
15 agreement or order.
16 14 DURATION
17 |4.1 Even after final disposition of this litigation, the confidentiality obligations imposed by thi
18 Order shall remain in effect until a Designating Party agrees otherwise in writing or a cou
19 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of a
20 claims and defenses in this action, with or without prejudice; and (2) final judgment herein afte
21 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of th
22 action, including the time limits for filing any motions or applications for extension of tim
23 pursuant to applicable law.
2415 DESIGNATING PROTECTED MATERIAL
25 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-Part
26 that designates information or items for protection under this Order must take care to limit an
27 such designation to specific material that qualifies under the appropriate standards. Th
28 Designating Party must designate for protection only those parts of material, documents, item
RTIPTIT ATION IPRQPOSEDICONEINENTTIATITY ORDER.
nen nnn en ene nnn nnn nn nn nn nn nnn nnn nnn nn nnn OO
1 or oral or written communications that qualify — so that other portions of the materia
2 documents, items, or communications for which protection is not warranted are not
3 unjustifiably within the ambit of this Order.
4 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown t
5 be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessaril
6 encumber or retard the case development process or to impose unnecessary expenses an
7 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 fc
9 protection do not qualify for protection, that Designating Party must promptly notify all othe
10 Parties that it is withdrawing the mistaken designation.
11 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g
12 second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure ¢
13 Discovery Material that qualifies for protection under this Order must be clearly so designate
14 before the material is disclosed or produced. Designation in conformity with this Orde
15 requires:
16 (a) For information in documentary form (e.g., paper or electronic documents, but excludin
17 transcripts of depositions or other pretrial or trial proceedings), that the Producing Part
18 affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL: ATTORNEY’
19 EYES ONLY” to each page that contains protected material. If only a portion or portior
20 of the material on a page qualifies for protection, the Producing Party also must □□□□□
21 identify the protected portion(s) (e.g., by making appropriate markings in the margins).
22 A Party or Non-Party that makes original documents or materials available for inspectio
23 need not designate them for protection until after the inspecting Party has indicated whic
24 material it would like copied and produced. During the inspection and before th
25 designation, all of the material made available for inspection shall be deeme
26 “CONFIDENTIAL.” After the inspecting Party has identified the documents it want
27 copied and produced, the Producing Party must determine which documents, or portior
28 thereof, qualify for protection under this Order. Then, before producing the specifie
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
een nen ne ene ene nnn nn nn nn nn nn nnn nnn nnn nn nnn OO
1 documents, the Producing Party must affix the “CONFIDENTIAL” or “HIGHL’
2 CONFIDENTIAL: ATTORNEY’S EYES ONLY” legend to each page that contair
3 Protected Material. If only a portion or portions of the material on a page qualifies fc
4 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., b
5 making appropriate markings in the margins).
6 (b) for testimony given in deposition or in other pretrial or trial proceedings, including vide
7 recorded deposition testimony, that the Designating Party identify on the record, before th
8 close of the deposition, hearing, or other proceeding, all protected testimony; □□□□□□□□□□□□□
9 the Designating Party can serve a Notice of Designation identifying all protected testimon
10 within 30 days of receipt of the transcript. Release of protected testimony to any Nor
11 Parties is prohibited under this subsection until 30 days after the close of the depositio1
12 hearing, or other proceeding, or alternatively, until the service of the Notice Designatio1
13 whichever is later.
14 (c) for information produced in some form other than documentary and for any other tangib|
15 items, that the Producing Party affix in a prominent place on the exterior of the containe
16 or containers in which the information or item 1s stored the legend “CONFIDENTIAL” -
17 only a portion or portions of the information or item warrant protection, the Producin
18 Party, to the extent practicable, shall identify the protected portion(s).
19 15.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designat
20 qualified information or items does not, standing alone, waive the Designating Party’s right t
21 secure protection under this Order for such material. Upon timely correction of a designatiot
22 the Receiving Party must make reasonable efforts to assure that the material is treated 1
23 accordance with the provisions of this Order.
2416 CHALLENGING CONFIDENTIALITY DESIGNATIONS
25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of confidentialit
26 at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation |
27 necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or
28 significant disruption or delay of the litigation, a Party does not waive its right to challenge
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
een enn en ene nnn nnn nn nn nn nn nnn nnn nnn ne nn ne OO
1 confidentiality designation by electing not to mount a challenge promptly after the □□□□□□□
2 designation is disclosed.
3 16.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process b
4 providing written notice of each designation it is challenging and describing the basis for eac
5 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice mu:
6 recite that the challenge to confidentiality is being made in accordance with this specifi
7 paragraph of the Protective Order. The parties shall attempt to resolve each challenge in goo
8 faith and must begin the process by conferring directly within 14 days of the date of service ¢
9 notice. In conferring, the Challenging Party must explain the basis for its belief that th
10 confidentiality designation was not proper and must give the Designating Party an opportunit
11 to review the designated material, to reconsider the circumstances, and, if no change 1
12 designation is offered, to explain the basis for the chosen designation. A Challenging Party ma
13 proceed to the next stage of the challenge process only if it has engaged in this meet and confe
14 process first or establishes that the Designating Party is unwilling to participate in the meet an
15 confer process in a timely manner.
16 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, th
17 Designating Party shall file and serve a motion to retain confidentiality within 21 □□□□
18 service of the initial notice of challenge or within 14 days of the parties agreeing that the me
19 and confer process will not resolve their dispute, whichever is earlier. Each such motion mu:
20 be accompanied by a competent declaration affirming that the movant has complied with th
21 meet and confer requirements imposed in the preceding paragraph. Failure by the Designatin
22 Party to make such a motion including the required declaration within 21 days (or 14 days, □
23 applicable) shall automatically waive the confidentiality designation for each challenge
24 designation. In addition, the Challenging Party may file a motion challenging a confidentialit
25 designation at any time if there is good cause for doing so, including a challenge to th
26 designation of a deposition transcript, or video recorded deposition, or any portions thereo
27 Any motion brought pursuant to this provision must be accompanied by a competet
28 declaration affirming that the movant has complied with the meet and confer requirement
RTIPTIT ATION IPRQPOSEDICONEINENTTIATITY ORDER.
nen nen nen ene nn nnn nn nn nn nn nnn nnn nnn nn on nn ns OO
1 imposed by the preceding paragraph.
2 The burden of persuasion in any such challenge proceeding shall be on the Designating Part
3 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impos
4 unnecessary expenses and burdens on other parties) may expose the Challenging Party t
5 sanctions. Unless the Designating Party has waived the confidentiality designation by failin
6 to file a motion to retain confidentiality as described above, all parties shall continue to affor
7 the material in question the level of protection to which it is entitled under the Producing Party’
8 designation until the court rules on the challenge.
917 ACCESS TO AND USE OF PROTECTED MATERIAL
10 |7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produce
11 by another Party or by a Non-Party in connection with this case only for prosecuting, defendins
12 or attempting to settle this litigation. Such Protected Material may be disclosed only to th
13 categories of persons and under the conditions described in this Order. When the litigation hz
14 been terminated, a Receiving Party must comply with the provisions of section 13 belo
15 (FINAL DISPOSITION).
16 Protected Material must be stored and maintained by a Receiving Party at a location and in
17 secure manner that ensures that access is limited to the persons authorized under this Order.
18 17.2 Disclosure of “CONFIDENTIAL” Information or Items, Unless otherwise ordered by the cou
19 or permitted in writing by the Designating Party, a Receiving Party may disclose an
20 information or item designated “CONFIDENTIAL” only to:
21 (a) the Receiving Party or Parties; if the Receiving Party is an entity, this includes the officer
22 directors, and employees (including House Counsel) of the Receiving Party to whot
23 disclosure is reasonably necessary for this litigation and who have signed th
24 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
25 (b) the Receiving Party’s counsel of record, outside counsel of record in this action, as well 2
26 employees of said counsel of record and outside counsel of record to whom it is reasonab]
27 necessary to disclose the information for this litigation and who have signed th
28 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
nnn ne en nn nn nnn nn nn nn nn nnn nnn nnn nn nn OO
1 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonabl
2 necessary for this litigation and who have signed the “Acknowledgment and Agreement t
3 Be Bound” (Exhibit A);
4 (d) the court and its personnel;
5 (e) court reporters and their staff, professional jury or trial consultants, mock jurors, an
6 Professional Vendors to whom disclosure is reasonably necessary for this litigation an
7 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8 (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessar
9 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A
10 unless otherwise agreed by the Designating Party or ordered by the court. Pages c
11 transcribed deposition testimony or exhibits to depositions that reveal Protected Materi:
12 must be separately bound by the court reporter and may not be disclosed to anyone □□□□□
13 as permitted under this Stipulated Protective Order;
14 (g) the author or recipient of a document containing the information or a custodian or othe
15 person who otherwise possessed or knew the information;
16 (h) Mediators and/or settlement officer(s) assigned by the Court or retained by the Parties t
17 facilitate settlement negotiations among two or more of the Parties.
18 17.3 Disclosure of “HIGHLY CONFIDENTIAL: ATTORNEYS EYES ONLY” Information
19 Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party
20 a Receiving Party may disclose any information or item designated “HIGHL
21 CONFIDENTIAL: ATTORNEYS EYES ONLY” only to:
22 (a) the Receiving Party’s counsel of record, outside counsel of record in this action, as well <
23 employees of said counsel of record and outside counsel of record to whom it is reasonab]
24 necessary to disclose the information for this litigation and who have signed th
25 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
26 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonabl
27 necessary for this litigation and who have signed the “Acknowledgment and Agreement t
28 Be Bound” (Exhibit A);
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
1 (c) the court and its personnel;
2 (d) court reporters and their staff, professional jury or trial consultants, mock jurors, an
3 Professional Vendors to whom disclosure is reasonably necessary for this litigation an
4 who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5 (e) during their depositions, witnesses in the action to whom disclosure is reasonably necessar
6 and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A
7 unless otherwise agreed by the Designating Party or ordered by the court. Pages c
8 transcribed deposition testimony or exhibits to depositions that reveal Protected Materi:
9 must be separately bound by the court reporter and may not be disclosed to anyone □□□□□
10 as permitted under this Stipulated Protective Order;
11 (f) the author or recipient of a document containing the information or a custodian or othe
12 person who otherwise possessed or knew the information;
13 (g) Mediator(s) and/or settlement officer(s) assigned by the Court or retained by the Parties t
14 facilitate settlement negotiations among two or more of the Parties.
15 18 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHE]
16 LITIGATION
17 8.1 Ifa Party is served with a subpoena or a court order issued in other litigation that compel
18 disclosure of any information or items designated in this action as “CONFIDENTIAL”
19 “HIGHLY CONFIDENTIAL: ATTORNEYS EYES ONLY” that Party must:
20 (a) promptly notify in writing the Designating Party. Such notification shall include a copy
21 the subpoena or court order;
22 (b) promptly notify in writing the party who caused the subpoena or order to issue in the othe
23 litigation that some or all of the material covered by the subpoena or order is subject to thi
24 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; an
25 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designatin
26 Party whose Protected Material may be affected.
27 8.2 Within five (5) calendar days after the Receiving Party notifies the Designating Party of th
28 subpoena or court order, or the date by which production is required under the subpoena c
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
1 court order, whichever is earlier, the Designating Party shall notify the Receiving Party of it
2 intent to seek a protective order in the case for which the subpoena or court order was servec
3 If the Designating Party timely seeks a protective order, the Party served with the □□□□□□□□
4 court order shall not produce any information designated in this action as “CONFIDENTIAL
5 “HIGHLY CONFIDENTIAL: ATTORNEYS EYES ONLY” before a determination by th
6 court from which the subpoena or order issued, unless the Party has obtained the Designatin
7 Party’s permission. The Designating Party shall bear the burden and expense of seekin
8 protection in that court of its confidential material — and nothing in these provisions should t
9 construed as authorizing or encouraging a Receiving Party in this action to disobey a □□□□
10 directive from another court.
11 |8.3. Notwithstanding any other provision in this Stipulated Protective Order, and regardless of th
12 Designating Party's intent to seek a protective order, the Receiving Party shall not be liable t
13 any Party in damages, including legal fees and costs, for its response when acting in good fait
14 compliance to the subpoena or court order.
15 19 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THI
16 LITIGATION
17 9.1 The terms of this Order are applicable to information produced by a Non-Party in this actio
18 and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL: ATTORNEYS EYE
19 ONLY”. Such information produced by Non-Parties in connection with this litigation
20 protected by the remedies and relief provided by this Order. Nothing in these provisions shoul
21 be construed as prohibiting a Non-Party from seeking additional protections.
22 19.2 In the event that a Party is required, by a valid discovery request, to produce a Non-Party’
23 confidential information in its possession, and the Party is subject to an agreement with th
24 Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
25 (a) promptly notify in writing the Requesting Party and the Non-Party that some or all of th
26 information requested is subject to a confidentiality agreement with a Non-Party;
27 (b) promptly provide the Non-Party with a copy of the Stipulated Protective Order in th:
28 litigation, the relevant discovery request(s), and a reasonably specific description of th
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
1 information requested; and
2 (c) make the information requested available for inspection by the Non-Party.
3 9.3 If the Non-Party fails to object or seek a protective order from this court within 14 days
4 receiving the Party’s notice and accompanying information, the Party may produce the Nor
5 Party’s confidential information responsive to the discovery request. If the Non-Party timel
6 seeks a protective order, the Party shall not produce any information in its possession or contr¢
7 that is subject to the confidentiality agreement with the Non-Party before a determination b
8 the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expens
9 of seeking protection in this court of its Protected Material.
10 As areceiver of the Non-Party’s confidential information, the Party subject to the subpoena
11 court order, and acting in good faith compliance thereto, shall not be liable for any other Party’
12 or Non-Party’s attorneys’ fees or costs associated with the Non-Party’s application for
13 protective order.
14 110 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
15 10.1 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protecte
16 Material to any person or in any circumstance not authorized under this Stipulated Protectiv
17 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of th
18 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of th
19 Protected Material, (c) inform the person or persons to whom unauthorized disclosures wet
20 made of all the terms of this Order, and (d) request such person or persons to execute th
21 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
22 111 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTE)
23 MATERIAL
24 111.1 When a Producing Party gives notice to Receiving Parties that certain inadvertently produce
25 material is subject to a claim of privilege or other protection, the obligations of the Receivin
26 Parties are those set forth in California Rule of Professional Conduct 4.4. This provision is □□
27 intended to modify the procedures set forth in Federal Rule of Civil Procedure 26(b)(5)(B).
28
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
ee nnn en ne NEO EOI IIE ED ee
1 MISCELLANEOUS
2 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek it
3 modification by the court in the future.
4 12.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulated Protective Orde
5 no Party waives any right it otherwise would have to object to disclosing or producing an
6 information or item on any ground not addressed in this Stipulated Protective Order. Similarl
7 no Party waives any right to object on any ground to use in evidence of any of the materi:
8 covered by this Stipulated Protective Order.
9 12.3 Filing Protected Material. Without written permission from the Designating Party or a cou.
10 order secured after appropriate notice to all interested persons, a Party may not file in the publi
11 record in this action any Protected Material. The standards and procedures set forth in Easter
12 District of California Local Rule 141 shall govern the filing of all Protected Material.
13/13 FINAL DISPOSITION
14 13.1 Within 60 days after the final disposition of this action, as defined in section 4, each Receivin
15 Party must return all Protected Material to the Producing Party or destroy such material. A
16 used in this subdivision, “all Protected Material” includes all copies, abstracts, compilation:
17 summaries, and any other format reproducing or capturing any of the Protected Materia
18 Whether the Protected Material is returned or destroyed, the Receiving Party must submit
19 written certification to the Producing Party (and, if not the same person or entity, to th
20 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate
21 all the Protected Material that was returned or destroyed and (2) affirms that the Receivin
22 Party has not retained any copies, abstracts, compilations, summaries or any other form:
23 reproducing or capturing any of the Protected Material. Notwithstanding this provisiot
24 Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, depositiot
25 and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expe
26 reports, attorney work product, and consultant and expert work product, even if such material
27 contain Protected Material. Any such archival copies that contain or constitute Protecte
28 Material remain subject to this Protective Order as set forth in section 4.
OTIPTTT ATION AND IPROPOSEDLCONEIDENTIATTITY ORDER
1 |14 MISCELLANEOUS
2 |14.1 This Stipulation may be signed in counterpart and a facsimile or electronic signature shall b
3 as valid as an original signature.
4 14.2 If any provision of this Stipulated Protective Order, in whole or in part, is contrary to applicab]
5 state or federal law and deemed unenforceable by a court of law, the remainder sha
6 nevertheless be enforceable.
8 | IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
10 | Dated: April 16, 2024 SERVIAM BY WRIGHT LLP
11
12 By: /s/ Brian T. Chu (as authorized on Apr
13 15, 2024)
BRIAN T. CHU
14 Attorneys for Defendants
Mariposa County, Sheriff Deput
William Atkinson, Sheriff Deput
Wesley Smith
16
17 Dated: April 16, 2024 GEONETTA & FRUCHT LLP
18
19 By: /s/ Kenneth Frucht (as authorized on April
20 15, 2024)
KENNETH FRUCHT
21 Attorneys for Plaintiffs
» Jerry Cox and JDC Land Company □□□
23
Dated: April 16, 2024 JENNER & BLOCK LLP
24
25
By: /s/AnnaMarie A. Van Hoesen
26
ANNAMARIE A. VAN HOESEN
27 Attorneys for Defendant
Ashley Harris
28
QTIPTIT ATION ANT JIPROPOSEDI CONETINENTIATTITY ORNER
ee nnn en ne SEO OI III ED
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 TI, , of , declare unde
4 || penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order tha
5 || was issued by the United States District Court for the Eastern District of California, on
6 , 2024, in the case of Jerry Cox and JDC Land Company v Mariposa County, et
7 al, CASE NO.: 1:19-cv-01105-JLT-BAM.
8 I agree to comply with and to be bound by all the terms of this Stipulated Protective Order
9 land I understand and acknowledge that failure to 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 any
11 |/information or item that is subject to this Stipulated Protective Order to any person or entity except
12 }/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, even
15 jlif such enforcement proceedings occur after termination of this action.
16 I hereby appoint , of
17 , as my California agent for service of process in connection
18 | with this action or any proceedings related to enforcement of this Stipulated Protective Order.
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21 || Date: By:
22 Name:
23 Title:
24 Address: oo
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1 ORDER
2 Having considered the parties’ stipulation (Doc. 182) and finding good cause, the Court
3 || adopts the signed stipulated protective order.
4 The parties are advised that pursuant to the Local Rules of the United States District Court,
5 | Eastern District of California, any documents subject to the protective order to be filed under seal
6 || must be accompanied by a written request which complies with Local Rule 141 prior to sealing.
7 | The party making a request to file documents under seal shall be required to show good cause for
8 | documents attached to a non-dispositive motion or compelling reasons for documents attached to a
9 | dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009).
10 | Within five (5) days of any approved document filed under seal, the party shall file a redacted copy
11 the sealed document. The redactions shall be narrowly tailored to protect only the information
12 || that is confidential or was deemed confidential.
13 Additionally, the parties shall consider resolving any dispute arising under the protective
14 | order according to the Court’s informal discovery dispute procedure.
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6 IT IS SO ORDERED.
| Dated: _ April 22, 2024 [sl Barbara A. McAtiffe
18 UNITED STATES MAGISTRATE JUDGE
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