Opinion

Martin Cruz v. City of Huntington Beach

Court
District Court, C.D. California
Filed
Nov 15, 2019
Cited by
0 cases
Authority
More cited than 31.2%

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

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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