distinguishing “good cause” showing for sealing documents produced in 18 discovery from “compelling reasons” standard when merits-related documents are part of court record
How later courts described this case
- distinguishing “good cause” showing for sealing documents produced in 18 discovery from “compelling reasons” standard when merits-related documents are part of court record
- peace officers have constitutionally-based “privacy rights [that] are no inconsequential” in their police personnel records
Written by the judges who cited it.
The opinion
1 || MICHAEL E. GATES, City Attorney (SBN 258446)
BRIAN L. WILLIAMS, Chief Trial Counsel (SBN 227948)
2 \IDANIEL S. CHA, Sr. Deputy City Attorney (SBN 260256)
3, || 2000 Main Street, P.O. Box 190
Huntington Beach, CA 92648
4 (714) 536-5555
5 FAX (714) 374-1590
Email: Brian. Williams@surfcity-hb.org
6 Daniel.Cha@surfcity-hb.org
7 || Attorneys for Defendant
g || CITY OF HUNTINGTON BEACH
9
10 UNITED STATES DISTRICT COURT
1] CENTRAL DISTRICT OF CALIFORNIA
12
13 |} MARTIN CRUZ, ANA CRUZ, and Case No. 8:19-cv-01449-DOC-ADS
14 N.B.C., a minor, Plaintiffs, and as
Successors-in-Interest for Decedent [Discovery Document: Referred to
15 || BRYAN CRUZ, Magistrate Judge Autumn D. Spaeth]
16
Plaintiffs, STIPULATED PROTECTIVE
M7 vs. ORDER
18 || CITY OF HUNTINGTON BEACH and
19 || DOES 1 through 10, inclusive,
20 Defendants.
21.4]
22 |I1. PURPOSES AND LIMITATIONS
23
54 A. Discovery in this action is likely to involve production of confidential,
25 proprietary, or private information for which special protection from public
26 disclosure and from use for any purpose other than prosecuting this litigation
27
28 may be warranted. Accordingly, the parties hereby stipulate to and petition
1 the Court to enter the following Stipulated Protective Order. The parties
acknowledge that this Order does not confer blanket protections on all
4 disclosures or responses to discovery and that the protection it affords from
5 public disclosure and use extends only to the limited information or items that
are entitled to confidential treatment under the applicable legal principles.
8 The parties further acknowledge, as set forth in Section XIII(C), below, that
this Stipulated Protective Order does not entitle them to file confidential
11 information under seal; Civil Local Rule 79-5 sets forth the procedures that
must be followed and the standards that will be applied when a party seeks
permission from the Court to file material under seal.
13 GOOD CAUSE STATEMENT
A. Defendants contend that there is good cause and a particularized need
18 for a protective order to preserve the interests of confidentiality and privacy in
peace officer personnel file records and associated investigative or
confidential records for the following reasons.
22 First, Defendants contend that peace officers have a federal privilege of
privacy in their personnel file records: a reasonable expectation of privacy
25 therein that is underscored, specified, and heightened by the statutory Pitchess
protective procedure of California law. See Sanchez v. Santa Ana Police
28 Dept., 936 F.2d 1027, 1033-1034 (9th Cir. 1990); Hallon v. City of Stockton,
1 2012 U.S. Dist. LEXIS 14665, *2-3, 12-13 (E.D. Cal. 2012) (concluding that
“while “[f]ederal law applies to privilege based discovery disputes involving
4 federal claims,” the “state privilege law which is consistent with its federal
5 equivalent significantly assists in applying [federal] privilege law to discover
disputes”); Soto v. City of Concord, 162 F.R.D. 603, 613 n. 4, 616 (N.D. Cal.
8 1995) (peace officers have constitutionally-based “privacy rights [that] are no
inconsequential” in their police personnel records); cf. Cal. Penal Code §§
11 832.7, 832.8; Cal. Evid. Code §§ 1040-1047. Defendants further contend that
uncontrolled disclosure of such personnel file information can threaten the
safety of non-party witnesses, officers, and their families/associates.
15 Second, Defendants contend that municipalities and law enforcement
agencies have federal deliberative-executive process privilege, federal official
18 information privilege, federal law enforcement privilege, and federal
attorney-client privilege (and/or attorney work product protection) interests in
the personnel files of their peace officers — particularly as to those portions of
22 peace officer personnel files that contain critical self-analysis, internal
deliberation/decision-making or evaluation/analysis, or communications for
25 the purposes of obtaining or rendering legal advice or analysis — potentially
including but not limited to evaluative/analytical portions of officer involved
28 shooting investigations, internal affairs-type records or reports,
1 evaluative/analytical portions of supervisory records or reports, and/or reports
prepared at the direction of counsel, or for the purpose of obtaining or
4 rendering legal advice. See Sanchez, 936 F.2d at 1033-1034; Maricopa
5 Audubon Soc’y v. United States Forest Serv., 108 F.3d 1089, 1092-1095 (9th
Cir. 1997); Soto, 162 F.R.D. at 613, 613 n. 4; Kelly v. City of San Jose, 114
8 F.R.D. 654, 668-671 (N.D. Cal. 1987); Tuite v. Henry, 181 F.R.D. 175, 176-
177 (D. D.C. 1998); Hamstreet v. Duncan, 2007 U.S. Dist. LEXIS 89702 (D.
11 Or. 2007); Admiral Ins. Co. v. United States Dist. Ct., 881 F.2d 1486, 1492,
1495 (9th Cir. 1988). Defendants further contend that such personnel file
records are restricted from disclosure by the public entity’s custodian of
15 records pursuant to applicable California law and that uncontrolled release is
likely to result in needless intrusion of officer and third party privacy;
18 impairment in the collection of third-party witness information and statements
and related legitimate law enforcement investigations/interests; and a chilling
of open and honest discussion regarding and/or investigation into alleged
22 misconduct that can erode a public entity’s ability to identify and/or
implement any remedial measures that may be required.
25 Third, Defendants contend that, since peace officers do not have the
same rights as other private citizens to avoid giving compelled statements, it
28 is contrary to the fundamental principles of fairness to permit uncontrolled
1 release of officers’ compelled statements. See generally, Lybarger v. City of
Los Angeles, 40 Cal.3d 822, 828-830 (1985); cf. U.S. Const., amend V.
4 Finally, recent amendments to state law enacted by Senate Bill 1421,
5 do not diminish the fundamental privacy interests in the categories of material
described above. The information required to be released pursuant to Senate
8 Bill 1421 is subject to strict redaction requirements, whereby the information
available under Senate Bill 1421 is not coextensive with the information
11 available through a Pitchess motion for discovery. See Cal. Pen. Code §
832.7(b)(5). Moreover, the statute expressly provides that it “does not affect
the discovery of disclosure of information” pursuant to the statutory Pitchess
15 procedure for discovery.
Accordingly, Defendants contend that, without a protective order
18 preventing such, dissemination of confidential records in the case can and will
likely substantially impair and harm defendant public entity’s interests in
candid self-critical analysis, frank internal deliberations, obtaining candid
22 information from witnesses, preserving the safety of witnesses, preserving the
safety of peace officers and peace officers’ families and associates, protecting
25 the privacy officers of peace officers, and preventing pending investigations
from being detrimentally undermined by publication of private, sensitive, or
28 confidential information — as can and often does result in litigation.
1 Plaintiff does not agree or concede to Defendants’ contentions herein
above. However, Plaintiff agrees that there is Good Cause for a Protective
4 Order so as to preserve the respective interests of the parties without the need
5 to further burden the Court with such issues. Specifically, the parties jointly
contend that, absent this Stipulation and its associated Protective Order, the
8 parties’ respective privilege and/or privacy interests, and/or privacy interests
of third parties, may be impaired or harmed, and that this Stipulation and its
11 associated Protective Order may avoid such harm by permitting the parties to
facilitate discovery with reduced risk that privileged and/or
13
14 sensitive/confidential information will become matters of public record.
15 The parties jointly contend that there is typically a particularized need
for protection as to any medical or psychotherapeutic records and autopsy
18 photographs, because of the privacy interests at stake therein. Because of
these sensitive interests, a Court Order should address these documents rather
than a private agreement between the parties.
22 Accordingly, to expedite the flow of information, to facilitate the
prompt resolution of disputes over confidentiality of discovery materials, to
25 adequately protect information the parties are entitled to keep confidential, to
ensure that the parties are permitted reasonable necessary uses of such
28 material in preparation for and in the conduct of trial, to address their
1 handling at the end of the litigation, and serve the ends of justice, a protective
2
order for such information is justified in this matter. It is the intent of the
3
4 parties that information will not be designated as confidential for tactical
5 reasons and that nothing be so designated without a good faith belief that it
6
7 has been maintained in a confidential, non-public manner, and there is good
8 cause why it should not be part of the public record of this case.
9
10 HI. DEFINITIONS
11 A. Action: This pending federal law suit.
B. Challenging Party: A Party or Non-Party that challenges the
13
14 designation of information or items under this Order.
15 C. “CONFIDENTIAL” Information or Items: Information (regardless of
16
7 how it is generated, stored or maintained) or tangible things that qualify for
18 protection under Federal Rule of Civil Procedure 26(c), and as specified
1
above in the Good Cause Statement.
20
D. Counsel: Outside Counsel of Record and House Counsel (as well as
22 their support staff).
23
A E. Designating Party: A Party or Non-Party that designates information o
25 items that it produces in disclosures or in responses to discovery as
26
“CONFIDENTIAL.”
27
28
1 F. Disclosure or Discovery Material: All items or information, regardless
of the medium or manner in which it is generated, stored, or maintained
3
4 (including, among other things, testimony, transcripts, and tangible things),
5 that are produced or generated in disclosures or responses to discovery in this
6
7 matter.
8 G. — Expert: A person with specialized knowledge or experience in a matter
9
10 pertinent to the litigation who has been retained by a Party or its counsel to
11 serve as an expert witness or as a consultant in this Action.
H. House Counsel: Attorneys who are employees of a party to this Action.
13
14 House Counsel does not include Outside Counsel of Record or any other
15 outside counsel.
16
7 I. Non-Party: Any natural person, partnership, corporation, association,
18 or other legal entity not named as a Party to this action.
19
J. Outside Counsel of Record: Attorneys who are not employees of a
20
party to this Action but are retained to represent or advise a party to this
22 Action and have appeared in this Action on behalf of that party or are
23
74 affiliated with a law firm which has appeared on behalf of that party, and
25 includes support staff.
26
27
28
1 K. Party: Any party to this Action, including all of its officers, directors,
employees, consultants, retained experts, and Outside Counsel of Record (and
4 their support staffs).
5 L. Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
8 M. Professional Vendors: Persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing
11 exhibits or demonstrations, and organizing, storing, or retrieving data in any
form or medium) and their employees and subcontractors.
N. Protected Material: Any Disclosure or Discovery Material that is
15 designated as “CONFIDENTIAL.”
O. Receiving Party: A Party that receives Disclosure or Discovery
18 Material from a Producing Party.
19 IV. SCOPE
20
A. — The protections conferred by this Stipulation and Order cover not only
22 Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
25 compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material.
28
1 B. Any use of Protected Material at trial shall be governed by the orders o
the trial judge. This Order does not govern the use of Protected Material at
4 trial.
>{lv. DURATION
A. Once a case proceeds to trial, all of the information that was designated
8 as confidential or maintained pursuant to this Protective Order, and which
was used and admitted into evidence at trial, becomes public and will be
11 presumptively available to all members of the public, including the press,
unless compelling reasons supported by specific factual findings to proceed
otherwise are made to the trial judge in advance of the trial. See Kamakana v.
15 City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006)
(distinguishing “good cause” showing for sealing documents produced in
18 discovery from “compelling reasons” standard when merits-related
documents are part of court record). Accordingly, the terms of this Protective
Order do not extend beyond the commencement of the trial, except as to
22 Protected Material that was not used and admitted into evidence at trial. In
other words, Protected Material that is used and admitted into evidence at trial
25 presumptively becomes a public record, but Protected Material that is not
used and admitted into evidence remains subject to this Protective Order
28 subject to Paragraph V.B.
10
1 B. — Even after final disposition of this litigation, the confidentiality
obligations imposed by this Order shall remain in effect until a Designating
4 Party agrees otherwise in writing or a court order otherwise directs. Final
5 disposition shall be deemed to be the later of (1) dismissal of all claims and
defenses in this Action, with or without prejudice; and (2) final judgment
8 herein after the completion and exhaustion of all appeals, rehearings,
remands, trials, or reviews of this Action, including the time limits for filing
11 any motions or applications for extension of time pursuant to applicable law.
!2 \\VL_ DESIGNATING PROTECTED MATERIAL
A. — Exercise of Restraint and Care in Designating Material for Protection
15 1. Each Party or Non-Party that designates information or items for
protection under this Order must take care to limit any such designation
18 to specific material that qualifies under the appropriate standards. The
Designating Party must designate for protection only those parts of
material, documents, items, or oral or written communications that
22 qualify so that other portions of the material, documents, items, or
communications for which protection is not warranted are not swept
25 unjustifiably within the ambit of this Order.
2. Mass, indiscriminate, or routinized designations are prohibited.
28 Designations that are shown to be clearly unjustified or that have been
ll
1 made for an improper purpose (e.g., to unnecessarily encumber the case
development process or to impose unnecessary expenses and burdens
4 on other parties) may expose the Designating Party to sanctions.
5 3. If it comes to a Designating Party’s attention that information or
items that it designated for protection do not qualify for protection, that
8 Designating Party must promptly notify all other Parties that it is
withdrawing the inapplicable designation.
11 B. | Manner and Timing of Designations
1. Except as otherwise provided in this Order (see, e.g., Section
B(2)(b) below), or as otherwise stipulated or ordered, Disclosure or
15 Discovery Material that qualifies for protection under this Order must
be clearly so designated before the material is disclosed or produced.
18 2. Designation in conformity with this Order requires the following:
a. For information in documentary form (e.g., paper or
7] electronic documents, but excluding transcripts of depositions or
22 other pretrial or trial proceedings), that the Producing Party affix
at a minimum, the legend “CONFIDENTIAL” (hereinafter
25 “CONFIDENTIAL legend”), to each page that contains
protected material. If only a portion or portions of the material
28 on a page qualifies for protection, the Producing Party also must
12
1 clearly identify the protected portion(s) (e.g., by making
appropriate markings in the margins).
4 b. A Party or Non-Party that makes original documents
5 available for inspection need not designate them for protection
until after the inspecting Party has indicated which documents it
8 would like copied and produced. During the inspection and
before the designation, all of the material made available for
11 inspection shall be deemed “CONFIDENTIAL.” After the
V2 inspecting Party has identified the documents it wants copied and
produced, the Producing Party must determine which documents,
15 or portions thereof, qualify for protection under this Order.
Then, before producing the specified documents, the Producing
18 Party must affix the “CONFIDENTIAL legend” to each page
that contains Protected Material. If only a portion or portions of
7] the material on a page qualifies for protection, the Producing
22 Party also must clearly identify the protected portion(s) (e.g., by
making appropriate markings in the margins).
25 C. For testimony given in depositions, that the Designating
Party identify the Disclosure or Discovery Material on the
28 record, before the close of the deposition all protected testimony.
13
1 d. For information produced in form other than document
2 ais
and for any other tangible items, that the Producing Party affix in
3
4 a prominent place on the exterior of the container or containers
5 in which the information is stored the legend
6
7 “CONFIDENTIAL.” If only a portion or portions of the
8 information warrants protection, the Producing Party, to the
9
10 extent practicable, shall identify the protected portion(s).
11 C. Inadvertent Failure to Designate
1. If timely corrected, an inadvertent failure to designate qualified
13
14 information or items does not, standing alone, waive the Designating
15 Party’s right to secure protection under this Order for such material.
16
7 Upon timely correction of a designation, the Receiving Party must
18 make reasonable efforts to assure that the material is treated in
19 _. .
accordance with the provisions of this Order.
20
91 || VIL. CHALLENGING CONFIDENTIALITY DESIGNATIONS
22 A. — Timing of Challenges
23
74 1. Any party or Non-Party may challenge a designation of
25 confidentiality at any time that is consistent with the Court’s
26
Scheduling Order.
27
28 B. Meet and Confer
14
1 1. The Challenging Party shall initiate the dispute resolution
process under Local Rule 37.1 et seq.
4 C. — The burden of persuasion in any such challenge proceeding shall be on
5 the Designating Party. Frivolous challenges, and those made for an improper
purpose (e.g., to harass or impose unnecessary expenses and burdens on other
8 parties) may expose the Challenging Party to sanctions. Unless the
Designating Party has waived or withdrawn the confidentiality designation,
11 all parties shall continue to afford the material in question the level of
V2 protection to which it is entitled under the Producing Party’s designation until
the Court rules on the challenge.
15 || VII. ACCESS TO AND USE OF PROTECTED MATERIAL
16
7 A. — Basic Principles
18 1. A Receiving Party may use Protected Material that is disclosed
or produced by another Party or by a Non-Party in connection with this
Action only for prosecuting, defending, or attempting to settle this
22 Action. Such Protected Material may be disclosed only to the
categories of persons and under the conditions described in this Order.
25 When the Action has been terminated, a Receiving Party must comply
with the provisions of Section XIV below.
28
15
1 2. Protected Material must be stored and maintained by a Receiving
Party at a location and in a secure manner that ensures that access is
4 limited to the persons authorized under this Order.
5 B. — Disclosure of “CONFIDENTIAL” Information or Items
1. Unless otherwise ordered by the Court or permitted in writing by
8 the Designating Party, a Receiving Party may disclose any information
or item designated “CONFIDENTIAL” only to:
11 a. The Receiving Party’s Outside Counsel of Record in this
Action, as well as employees of said Outside Counsel of Record
to whom it is reasonably necessary to disclose the information
15 for this Action;
16
7 b. The officers, directors, and employees (including House
18 Counsel) of the Receiving Party to whom disclosure 1s
reasonably necessary for this Action;
C. Experts (as defined in this Order) of the Receiving Party to
22 whom disclosure is reasonably necessary for this Action and who
have signed the “Acknowledgment and Agreement to Be Bound”
25 (Exhibit A);
26
57 d. The Court and its personnel;
28 e. Court reporters and their staff;
16
1 f. Professional jury or trial consultants, mock jurors, and
Professional Vendors to whom disclosure is reasonably
4 necessary or this Action and who have signed the
5 “Acknowledgment and Agreement to be Bound” attached as
Exhibit A hereto;
8 g. The author or recipient of a document containing the
information or a custodian or other person who otherwise
11 possessed or knew the information;
h. During their depositions, witnesses, and attorneys for
witnesses, in the Action to whom disclosure is reasonably
15 necessary provided: (1) the deposing party requests that the
witness sign the “Acknowledgment and Agreement to Be
18 Bound;” and (ii) they will not be permitted to keep any
confidential information unless they sign the “Acknowledgment
and Agreement to Be Bound,” unless otherwise agreed by the
22 Designating Party or ordered by the Court. Pages of transcribed
deposition testimony or exhibits to depositions that reveal
25 Protected Material may be separately bound by the court reporter
and may not be disclosed to anyone except as permitted under
28 this Stipulated Protective Order; and
17
1 1. Any mediator or settlement officer, and their supporting
personnel, mutually agreed upon by any of the parties engaged in
4 settlement discussions.
5 IX. PROTECTED MATERIAL SUPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION
8 A. Ifa Party is served with a subpoena or a court order issued in other
litigation that compels disclosure of any information or ttems designated in
11 this Action as “CONFIDENTIAL,” that Party must:
1. Promptly notify in writing the Designating Party. Such
notification shall include a copy of the subpoena or court order;
15 2. Promptly notify in writing the party who caused the subpoena or
order to issue in the other litigation that some or all of the material
18 covered by the subpoena or order 1s subject to this Protective Order.
Such notification shall include a copy of this Stipulated Protective
Order; and
22 3. Cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Protected Material may be
25 affected.
B. _ Ifthe Designating Party timely seeks a protective order, the Party
28 served with the subpoena or court order shall not produce any information
18
1 designated in this action as “CONFIDENTIAL” before a determination by the
Court from which the subpoena or order issued, unless the Party has obtained
4 the Designating Party’s permission. The Designating Party shall bear the
5 burden and expense of seeking protection in that court of its confidential
material and nothing in these provisions should be construed as authorizing or
8 encouraging a Receiving Party in this Action to disobey a lawful directive
from another court.
11 || X. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
A. — The terms of this Order are applicable to information produced by a
15 Non-Party in this Action and designated as “CONFIDENTIAL.” Such
information produced by Non-Parties in connection with this litigation is
18 protected by the remedies and relief provided by this Order. Nothing in these
provisions should be construed as prohibiting a Non-Party from seeking
additional protections.
22 B. Inthe event that a Party is required, by a valid discovery request, to
produce a Non-Party’s confidential information in its possession, and the
25 Party is subject to an agreement with the Non-Party not to produce the Non-
Party’s confidential information, then the Party shall:
28
19
1 1. Promptly notify in writing the Requesting Party and the Non-
Party that some or all of the information requested is subject to a
4 confidentiality agreement with a Non-Party;
5 2. Promptly provide the Non-Party with a copy of the Stipulated
Protective Order in this Action, the relevant discovery request(s), and a
8 reasonably specific description of the information requested; and
3. Make the information requested available for inspection by the
11 Non-Party, if requested.
C. If the Non-Party fails to seek a protective order from this court within
14 days of receiving the notice and accompanying information, the Receiving
15 Party may produce the Non-Party’s confidential information responsive to the
discovery request. If the Non-Party timely seeks a protective order, the
18 Receiving Party shall not produce any information in its possession or control
that is subject to the confidentiality agreement with the Non-Party before a
determination by the court. Absent a court order to the contrary, the Non-
22 Party shall bear the burden and expense of seeking protection in this court of
23
74 its Protected Material.
25 ||XI. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
A. Ifa Receiving Party learns that, by inadvertence or otherwise, it has
28 disclosed Protected Material to any person or in any circumstance not
20
1 authorized under this Stipulated Protective Order, the Receiving Party must
immediately (1) notify in writing the Designating Party of the unauthorized
4 disclosures, (2) use its best efforts to retrieve all unauthorized copies of the
5 Protected Material, (3) inform the person or persons to whom unauthorized
disclosures were made of all the terms of this Order, and (4) request such
8 person or persons to execute the “Acknowledgment and Agreement to be
Bound” that is attached hereto as Exhibit A.
11 || XI. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
A. | When a Producing Party gives notice to Receiving Parties that certain
15 inadvertently produced material is subject to a claim of privilege or other
protection, the obligations of the Receiving Parties are those set forth in
18 Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended
to modify whatever procedure may be established in an e-discovery order that
provides for production without prior privilege review. Pursuant to Federal
22 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
the effect of disclosure of a communication or information covered by the
25 attorney-client privilege or work product protection, the parties may
incorporate their agreement in the Stipulated Protective Order submitted to
28 the Court.
21
1 || XII. MISCELLANEOUS
A. — Right to Further Relief
4 1. Nothing in this Order abridges the right of any person to seek its
5 modification by the Court in the future.
B. — Right to Assert Other Objections
8 1. By stipulating to the entry of this Protective Order, no Party
waives any right it otherwise would have to object to disclosing or
11 producing any information or item on any ground not addressed in this
Stipulated Protective Order. Similarly, no Party waives any right to
object on any ground to use in evidence of any of the material covered
15 by this Protective Order.
C. Filing Protected Material
18 1. A Party that seeks to file under seal any Protected Material must
comply with Civil Local Rule 79-5. Protected Material may only be
filed under seal pursuant to a court order authorizing the sealing of the
22 specific Protected Material at issue. If a Party's request to file
Protected Material under seal is denied by the Court, then the
25 Receiving Party may file the information in the public record unless
otherwise instructed by the Court.
28
22
1
XIV. FINAL DISPOSITION
4 A. After the final disposition of this Action, as defined in Section V,
5 within sixty (60) days of a written request by the Designating Party, each
Receiving Party must return all Protected Material to the Producing Party or
8 destroy such material. As used in this subdivision, “all Protected Material”
includes all copies, abstracts, compilations, summaries, and any other format
11 reproducing or capturing any of the Protected Material. Whether the
Protected Material is returned or destroyed, the Receiving Party must submit
a written certification to the Producing Party (and, if not the same person or
15 entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
category, where appropriate) all the Protected Material that was returned or
18 destroyed and (2) affirms that the Receiving Party has not retained any copies,
abstracts, compilations, summaries or any other format reproducing or
capturing any of the Protected Material. Notwithstanding this provision,
22 Counsel are entitled to retain an archival copy of all pleadings, motion papers,
trial, deposition, and hearing transcripts, legal memoranda, correspondence,
25 deposition and trial exhibits, expert reports, attorney work product, and
consultant and expert work product, even if such materials contain Protected
28
23
1 Material. Any such archival copies that contain or constitute Protected
2
Material remain subject to this Protective Order as set forth in Section V.
3
4 B. — Any violation of this Order may be punished by any and all appropriate
5 measures including, without limitation, contempt proceedings and/or
6
7 monetary sanctions.
8
9
10
11 | SO STIPULATED, THROUGH COUNSEL OF RECORD.
12
13 || Dated: /s/ Luis A. Carrillo
14 Attorney(s) for Plaintiff(s)
15
16 || Dated: /s/ Daniel S$. Cha'
7 Attorney(s) for Defendant(s)
18
19 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
20
1 || Dated:November 15, 2019 S/Autumn D Spaeth”
HONORABLE AUTUMN D. SPAETH
22 United States Magistrate Judge
23
24
25
26
27. {oo
28 ||! I hereby attest that all other signatories listed, and on whose behalf the filing is
submitted, concur in the filing’s content and have authorized the filing.
24