The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 MIGUEL SOLORIO and ) Case No. 8:24-cv-00663 JVD (JDEx)
)
11 THESHOWLORIOS INC., )
) STIPULATION AND PROPOSED
12 Plaintiffs, ) ) PROTECTIVE ORDER
13 )
)
14 v. )
)
15 CARECO, LLC, JEFF MARTIN, )
)
16 TERRY ROBERTS, PAUL )
STROMBERG, and DOES 1-20, )
17 )
Inclusive, )
18 )
Defendants. )
19
20 Based on the parties’ Stipulation and for good cause shown, the Court
21 finds and orders as follows.
22 1. PURPOSES AND LIMITATIONS
23 Discovery in this action is likely to involve production of confidential,
24 proprietary or private information for which special protection from public
25 disclosure and from use for any purpose other than pursuing this litigation may
26 be warranted. Accordingly, the parties hereby stipulate to and petition the
27 Court to enter the following Stipulated Protective Order. The parties
28 acknowledge that this Order does not confer blanket protections on all
1 disclosures or responses to discovery and that the protection it affords from
2 public disclosure and use extends only to the limited information or items that
3 are entitled to confidential treatment under the applicable legal principles.
4 2. GOOD CAUSE STATEMENT
5 This action is likely to involve the production of valuable research,
6 development, commercial, financial, technical and/or proprietary information
7 for which special protection from public disclosure and from use for any
8 purpose other than prosecution of this action is warranted. Such confidential
9
and proprietary materials and information consist of, among other things,
10
confidential business or financial information, information regarding
11
confidential business practices, or other confidential research, development, or
12
commercial information (including information implicating privacy rights of
13
third parties), information otherwise generally unavailable to the public, or
14
which may be privileged or otherwise protected from disclosure under state or
15
federal statutes, court rules, case decisions, or common law. Accordingly, to
16
expedite the flow of information, to facilitate the prompt resolution of disputes
17
over confidentiality of discovery materials, to adequately protect information
18
the parties are entitled to keep confidential, to ensure that the parties are
19
permitted reasonable necessary uses of such material in preparation for and in
20
the conduct of trial, to address their handling at the end of the litigation, and
21
serve the ends of justice, a protective order for such information is justified in
22
this matter. It is the intent of the parties that information will not be designated
23
24 as confidential for tactical reasons and that nothing be so designated without a
25 good faith belief that it has been maintained in a confidential, non-public
26 manner, and there is good cause why it should not be part of the public record
27 of this case.
28
1 3. ACKNOWLEDGMENT OF UNDER SEAL FILING
2 PROCEDURE
3 The parties further acknowledge, as set forth in Section 14.3, below, that
4 this Stipulated Protective Order does not entitle them to file confidential
5 information under seal; Local Civil Rule 79-5 sets forth the procedures that
6 must be followed and the standards that will be applied when a party seeks
7
permission from the court to file material under seal. There is a strong
8
presumption that the public has a right of access to judicial proceedings and
9
records in civil cases. In connection with non-dispositive motions, good cause
10
must be shown to support a filing under seal. See Kamakana v. City and County
11
of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp.,
12
307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187
13
F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require
14
good cause showing), and a specific showing of good cause or compelling
15
reasons with proper evidentiary support and legal justification, must be made
16
with respect to Protected Material that a party seeks to file under seal. The
17
parties’ mere designation of Disclosure or Discovery Material as
18
CONFIDENTIAL does not— without the submission of competent evidence
19
20 by declaration, establishing that the material sought to be filed under seal
21 qualifies as confidential, privileged, or otherwise protectable—constitute good
22 cause.
23 Further, if a party requests sealing related to a dispositive motion or trial,
24 then compelling reasons, not only good cause, for the sealing must be shown,
25 and the relief sought shall be narrowly tailored to serve the specific interest to
26 be protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
27 2010). For each item or type of information, document, or thing sought to be
28 filed or introduced under seal, the party seeking protection must articulate
1 compelling reasons, supported by specific facts and legal justification, for the
2 requested sealing order. Again, competent evidence supporting the application
3 to file documents under seal must be provided by declaration.
4 Any document that is not confidential, privileged, or otherwise
5 protectable in its entirety will not be filed under seal if the confidential portions
6 can be redacted. If documents can be redacted, then a redacted version for
7
public viewing, omitting only the confidential, privileged, or otherwise
8
protectable portions of the document, shall be filed. Any application that seeks
9
to file documents under seal in their entirety should include an explanation of
10
why redaction is not feasible.
11
4. DEFINITIONS
12
4.1 Action: this pending federal action with Case No. 8:24-cv-00663
13
JVD (JDEx).
14
4.2 Challenging Party: a Party or Non-Party that challenges the
15
designation of information or items under this Order.
16
4.3 “CONFIDENTIAL” Information or Items: information
17
(regardless of how it is generated, stored or maintained) or tangible things that
18
qualify for protection under Federal Rule of Civil Procedure 26(c), and as
19
specified above in the Good Cause Statement.
20
21 4.4 Counsel: Outside Counsel of Record (as well as their support
22 staff).
23 4.5 Designating Party: a Party or Non-Party that designates
24 information or items that it produces in disclosures or in responses to discovery
25 as “CONFIDENTIAL.”
26 4.6 Disclosure or Discovery Material: all items or information,
27 regardless of the medium or manner in which it is generated, stored, or
28 maintained (including, among other things, testimony, transcripts, and tangible
1 things), that are produced or generated in disclosures or responses to discovery.
2 4.7 Expert: a person with specialized knowledge or experience in a
3 matter pertinent to the litigation who has been retained by a Party or its
4 counsel to serve as an expert witness or as a consultant in this Action.
5 4.8 HIGHLY CONFIDENTIAL – ATTORNEYS'' EYES ONLY:
6 Information (documents, communications, or any items) that contains
7
extremely sensitive confidential information for which the disclosure to
8
another Party or third-party would or may create a substantial risk of serious
9
harm.
10
4.9 Non-Party: any natural person, partnership, corporation,
11
association or other legal entity not named as a Party to this action.
12
4.10 Outside Counsel of Record: attorneys who are not employees of a
13
party to this Action but are retained to represent a party to this Action and
14
have appeared in this Action on behalf of that party or are affiliated with a law
15
firm that has appeared on behalf of that party, and includes support staff.
16
4.11 Party: any party to this Action, including all of its officers,
17
directors, employees, consultants, retained experts, and Outside Counsel of
18
Record (and their support staffs).
19
4.12 Producing Party: a Party or Non-Party that produces Disclosure or
20
21 Discovery Material in this Action.
22 4.13 Professional Vendors: persons or entities that provide litigation
23 support services (e.g., photocopying, videotaping, translating, preparing
24 exhibits or demonstrations, and organizing, storing, or retrieving data in any
25 form or medium) and their employees and subcontractors.
26 4.14 Protected Material: any Disclosure or Discovery Material that is
27 designated as “CONFIDENTIAL” Or "HIGHLY CONFIDENTIAL –
28
1 ATTORNEYS' EYES ONLY."
2 4.15 Receiving Party: a Party that receives Disclosure or Discovery
3 Material from a Producing Party.
4 5. SCOPE
5 The protections conferred by this Stipulation and Order cover not only
6 Protected Material (as defined above), but also (1) any information copied or
7
extracted from Protected Material; (2) all copies, excerpts, summaries, or
8
compilations of Protected Material; and (3) any testimony, conversations, or
9
presentations by Parties or their Counsel that might reveal Protected Material.
10
Any use of Protected Material at trial shall be governed by the orders of
11
the trial judge and other applicable authorities. This Order does not govern the
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use of Protected Material at trial.
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6. DURATION
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Once a case proceeds to trial, information that was designated as
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CONFIDENTIAL or maintained pursuant to this protective order used or
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introduced as an exhibit at trial becomes public and will be presumptively
17
available to all members of the public, including the press, unless compelling
18
reasons supported by specific factual findings to proceed otherwise are made to
19
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
20
21 (distinguishing “good cause” showing for sealing documents produced in
22 discovery from “compelling reasons” standard when merits-related documents
23 are part of court record). Accordingly, the terms of this protective order do not
24 extend beyond the commencement of the trial.
25 7. DESIGNATING PROTECTED MATERIAL
26 7.1 Exercise of Restraint and Care in Designating Material for
27 Protection. Each Party or Non-Party that designates information
28 or items for protection under this Order must take care to limit any such
1 designation to specific material that qualifies under the appropriate standards.
2 The Designating Party must designate for protection only those parts of
3 material, documents, items or oral or written communications that qualify so
4 that other portions of the material, documents, items or communications for
5 which protection is not warranted are not swept unjustifiably within the ambit
6 of this Order.
7
Mass, indiscriminate or routinized designations are prohibited.
8
Designations that are shown to be clearly unjustified or that have been made
9
for an improper purpose (e.g., to unnecessarily encumber the case development
10
process or to impose unnecessary expenses and burdens on other parties) may
11
expose the Designating Party to sanctions.
12
If it comes to a Designating Party’s attention that information or items
13
that it designated for protection do not qualify for protection, that Designating
14
Party must promptly notify all other Parties that it is withdrawing the
15
inapplicable designation.
16
7.2 Manner and Timing of Designations. Except as otherwise
17
provided in this Order, or as otherwise stipulated or ordered, Disclosure of
18
Discovery Material that qualifies for protection under this Order must be
19
clearly so designated before the material is disclosed or produced.
20
21 Designation in conformity with this Order requires:
22 (a) for information in documentary form (e.g., paper or electronic
23 documents, but excluding transcripts of depositions or other pretrial
24 proceedings), that the Producing Party affix at a minimum, the legend
25 “CONFIDENTIAL” or "HIGHLY CONFIDENTIAL – ATTORNEYS
26 EYES ONLY" , to each page that contains protected material. If only a
27 portion of the material on a page qualifies for protection, the Producing Party
28 also must clearly identify the protected portion(s) (e.g., by making appropriate
1 markings in the margins).
2 A Party or Non-Party that makes original documents available for
3 inspection need not designate them for protection until after the inspecting
4 Party has indicated which documents it would like copied and produced.
5 During the inspection and before the designation, all of the material made
6 available for inspection shall be deemed “CONFIDENTIAL” or "HIGHLY
7
CONFIDENTIAL – ATTORNEYS EYES ONLY." After the inspecting Party
8
has identified the documents it wants copied and produced, the Producing
9
Party must determine which documents, or portions thereof, qualify for
10
protection under this Order. Then, before producing the specified documents,
11
the Producing Party must affix the appropriate legend (“CONFIDENTIAL ”
12
or "HIGHLY CONFIDENTIAL – ATTORNEYS EYES ONLY") to each
13
page that contains Protected Material. If only a portion of the material on a
14
page qualifies for protection, the Producing Party also must clearly identify the
15
protected portion(s) (e.g., by making appropriate markings in the margins).
16
(b) for testimony given in depositions or pretrial proceedings, that
17
the Designating Party identifies the Disclosure or Discovery Material on the
18
record, before the close of the deposition, hearing, or other proceeding all
19
protected testimony.
20
21 (c) for information produced in some form other than
22 documentary and for any other tangible items, that the Producing Party affix
23 in a prominent place on the exterior of the container or containers in which the
24 information is stored the legend “CONFIDENTIAL” or "HIGHLY
25 CONFIDENTIAL – ATTORNEYS EYES ONLY." If only a portion or
26 portions of the information warrants protection, the Producing Party, to the
27 extent practicable, shall identify the protected portion(s).
28 7.3 Inadvertent Failures to Designate. If timely corrected, an
1 inadvertent failure to designate qualified information or items does not,
2 standing alone, waive the Designating Party’s right to secure protection under
3 this Order for such material. Upon timely correction of a designation, the
4 Receiving Party must make reasonable efforts to assure that the material is
5 treated in accordance with the provisions of this Order.
6 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
7
8.1. Timing of Challenges. Any Party or Non-Party may challenge a
8
designation of confidentiality at any time that is consistent with the Court’s
9
Scheduling Order.
10
8.2 Meet and Confer. The Challenging Party shall initiate the dispute
11
resolution process under Local Rule 37-1 et seq.
12
8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
13
joint stipulation pursuant to Local Rule 37-2.
14
8.4 The burden of persuasion in any such challenge proceeding shall be
15
on the Designating Party. Frivolous challenges, and those made for an
16
improper purpose (e.g., to harass or impose unnecessary expenses and burdens
17
on other parties) may expose the Challenging Party to sanctions. Unless the
18
Designating Party has waived or withdrawn the confidentiality designation, all
19
parties shall continue to afford the material in question the level of protection
20
21 to which it is entitled under the Producing Party’s designation until the Court
22 rules on the challenge.
23
9. ACCESS TO AND USE OF PROTECTED MATERIAL
24
9.1 Basic Principles. A Receiving Party may use Protected Material that
25
is disclosed or produced by another Party or by a Non-Party in connection
26
with this Action only for prosecuting, defending or attempting to settle this
27
Action. Such Protected Material may be disclosed only to the categories of
28
1 persons and under the conditions described in this Order. When the Action has
2 been terminated, a Receiving Party must comply with the provisions of section
3 15 below (FINAL DISPOSITION).
4 Protected Material must be stored and maintained by a Receiving Party
5 at a location and in a secure manner that ensures that access is limited to the
6 persons authorized under this Order.
7
9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
8
otherwise ordered by the court or permitted in writing by the Designating
9
Party, a Receiving Party may disclose any information or item designated
10
“CONFIDENTIAL” only to:
11
(a) the Receiving Party’s Outside Counsel of Record in this
12
Action, as well as employees of said Outside Counsel of Record to whom it is
13
reasonably necessary to disclose the information for this Action;
14
(b) the officers, directors, and employees of the Receiving Party to
15
whom disclosure is reasonably necessary for this Action;
16
(c) Experts (as defined in this Order) of the Receiving Party to
17
whom disclosure is reasonably necessary for this Action and who have signed
18
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19
(d) the court and its personnel;
20
21 (e) court reporters and their staff;
22 (f) professional jury or trial consultants, mock jurors, and
23 Professional Vendors to whom disclosure is reasonably necessary for this
24 Action and who have signed the “Acknowledgment and Agreement to Be
25 Bound” (Exhibit A);
26 (g) the author or recipient of a document containing the
27 information or a custodian or other person who otherwise possessed or knew
28 the information;
1 (h) during their depositions, witnesses, and attorneys for witnesses,
2 in the Action to whom disclosure is reasonably necessary provided: (1) the
3 deposing party requests that the witness sign the form attached as Exhibit A
4 hereto; and (2) they will not be permitted to keep any confidential information
5 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
6 A), unless otherwise agreed by the Designating Party or ordered by the court.
7
Pages of transcribed deposition testimony or exhibits to depositions that reveal
8
Protected Material may be separately bound by the court reporter and may not
9
be disclosed to anyone except as permitted under this Stipulated Protective
10
Order; and
11
(i) any mediators or settlement officers and their supporting
12
personnel, mutually agreed upon by any of the parties engaged in settlement
13
discussions.
14
9.3 Disclosure of "HIGHLY CONFIDENTIAL – ATTORNEYS'
15
EYES ONLY" Information or Items. Unless otherwise ordered by the Court
16
or permitted in writing by the Designating Party, a Receiving Party may
17
disclose any information or item designated “HIGHLY CONFIDENTIAL –
18
ATTORNEYS’ EYES ONLY” only to:
19
20 (a) the Receiving Party’s Outside Counsel of Record in this action,
21 as well as employees of said Outside Counsel of Record to whom it is reasonably
22 necessary to disclose the information for this litigation and who have signed the
23 “Acknowledgment and Agreement to Be Bound” that is attached hereto as
24 Exhibit A;
25 (b) Experts of the Receiving Party (1) to whom disclosure is
26
reasonably necessary for this litigation, (2) who have signed the
27
“Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to
28
1
whom the procedures set forth in paragraph 9.4(a)(2), below, have been
2
followed;
3
(c) the court and its personnel;
4
(d) court reporters and their staff, professional jury or trial
5
consultants, and Professional Vendors to whom disclosure is reasonably
6
necessary for this litigation and who have signed the “Acknowledgment and
7
Agreement to Be Bound” (Exhibit A); and
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(e) the author or recipient of a document containing the information
9
or a custodian or other person who otherwise possessed or knew the
10
information.
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9.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items to
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Experts.
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(a) Unless otherwise ordered by the court or agreed to in writing
15
by the Designating Party, a Party that seeks to disclose to an Expert (as defined
16
in this Order) any information or item that has been designated “HIGHLY
17
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to paragraph
18
19 9.3(b) first must make a written request to the Designating Party that (1)
20 identifies the general categories of “HIGHLY CONFIDENTIAL –
21 ATTORNEYS’ EYES ONLY” information that the Receiving Party seeks
22 permission to disclose to the Expert, (2) sets forth the full name of the Expert
23 and the city and state of his or her primary residence, (3) attaches a copy of the
24 Expert’s current resume, (4) identifies the Expert’s current employer(s), (5)
25 identifies each person or entity from whom the Expert has received
26 compensation or funding for work in his or her areas of expertise in connection
27 with litigation or to whom the expert has provided professional services,
28 including in connection with a litigation, at any time during the preceding five
1
years, and (6) identifies (by name and number of the case, filing date, and
2
location of court) any litigation in connection with which the Expert has offered
3
expert testimony, including through a declaration, report, or testimony at a
4
deposition or trial, during the preceding five years.
5
(b) A Party that makes a request and provides the information
6
specified in the preceding respective paragraphs may disclose the subject
7
Protected Material to the identified Expert unless, within 14 days of delivering
8
the request, the Party receives a written objection from the Designating Party.
9
Any such objection must set forth in detail the grounds on which it is based.
10
(c) A Party that receives a timely written objection must meet and
11
confer with the Designating Party (through direct voice to voice dialogue) to try
12
to resolve the matter by agreement within 14 days of the written objection. If no
13
agreement is reached, the Party seeking to make the disclosure to the Expert
14
may file a motion as provided in Civil Local Rule 7 (and in compliance with
15
Civil Local Rule 79-5, if applicable) seeking permission from the court to do so.
16
Any such motion must describe the circumstances with specificity, set forth in
17
detail the reasons why the disclosure to the Expert is reasonably necessary,
18
19 assess the risk of harm that the disclosure would entail, and suggest any
20 additional means that could be used to reduce that risk. In addition, any such
21 motion must be accompanied by a competent declaration describing the parties’
22 efforts to resolve the matter by agreement (i.e., the extent and the content of the
23 meet and confer discussions) and setting forth the reasons advanced by the
24 Designating Party for its refusal to approve the disclosure. In any such
25 proceeding, the Party opposing disclosure to the Expert shall bear the burden of
26 proving that the risk of harm that the disclosure would entail (under the
27 safeguards proposed) outweighs the Receiving Party’s need to disclose the
28 Protected Material to its Expert.
1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
2
3 If a Party is served with a subpoena or a court order issued in other
4 litigation that compels disclosure of any information or items designated in this
5 Action as “CONFIDENTIAL” or "HIGHLY CONFIDENTIAL –
6 ATTORNEYS EYES ONLY," that Party must:
7
(a) promptly notify in writing the Designating Party. Such
8
notification shall include a copy of the subpoena or court order;
9
(b) promptly notify in writing the party who caused the subpoena
10
or order to issue in the other litigation that some or all of the material covered
11
by the subpoena or order is subject to this Protective Order. Such notification
12
shall include a copy of this Stipulated Protective Order; and
13
(c) cooperate with respect to all reasonable procedures sought to be
14
pursued by the Designating Party whose Protected Material may be affected. If
15
the Designating Party timely seeks a protective order, the Party served with the
16
subpoena or court order shall not produce any information designated in this
17
action as “CONFIDENTIAL” or "HIGHLY CONFIDENTIAL –
18
ATTORNEYS EYES ONLY" before a determination by the court from which
19
the subpoena or order issued, unless the Party has obtained the Designating
20
21 Party’s permission. The Designating Party shall bear the burden and expense
22 of seeking protection in that court of its confidential material and nothing in
23 these provisions should be construed as authorizing or encouraging a
24 Receiving Party in this Action to disobey a lawful directive from another court.
25 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
BE PRODUCED IN THIS LITIGATION
26
27 (a) The terms of this Order are applicable to information produced
28 by a Non-Party in this Action and designated as “CONFIDENTIAL” or
1 "HIGHLY CONFIDENTIAL – ATTORNEYS EYES ONLY." Such
2 information produced by Non-Parties in connection with this litigation is
3 protected by the remedies and relief provided by this Order. Nothing in these
4 provisions should be construed as prohibiting a Non-Party from seeking
5 additional protections.
6 (b) In the event that a Party is required, by a valid discovery
7
request, to produce a Non-Party’s confidential information in its possession,
8
and the Party is subject to an agreement with the Non-Party not to produce the
9
Non-Party’s confidential information, then the Party shall:
10
(1) promptly notify in writing the Requesting Party and the Non-
11
Party that some or all of the information requested is subject to a
12
confidentiality agreement with a Non-Party;
13
(2) promptly provide the Non-Party with a copy of the Stipulated
14
Protective Order in this Action, the relevant discovery request(s), and a
15
reasonably specific description of the information requested; and
16
(3) make the information requested available for inspection by the
17
Non-Party, if requested.
18
(c) If the Non-Party fails to seek a protective order from this court
19
within 14 days of receiving the notice and accompanying information, the
20
21 Receiving Party may produce the Non-Party’s confidential information
22 responsive to the discovery request. If the Non-Party timely seeks a protective
23 order, the Receiving Party shall not produce any information in its possession
24 or control that is subject to the confidentiality agreement with the Non-Party
25 before a determination by the court. Absent a court order to the contrary, the
26 Non-Party shall bear the burden and expense of seeking protection in this court
27 of its Protected Material.
28
1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
2
3 If a Receiving Party learns that, by inadvertence or otherwise, it has
4 disclosed Protected Material to any person or in any circumstance not
5 authorized under this Stipulated Protective Order, the Receiving Party must
6 immediately (a) notify in writing the Designating Party of the unauthorized
7
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
8
Protected Material, (c) inform the person or persons to whom unauthorized
9
disclosures were made of all the terms of this Order, and (d) request such
10
person or persons to execute the “Acknowledgment an Agreement to Be
11
Bound” attached hereto as Exhibit A.
12
13. INADVERTENT PRODUCTION OF PRIVILEGED OR
13 OTHERWISE PROTECTED MATERIAL
14
When a Producing Party gives notice to Receiving Parties that certain
15
inadvertently produced material is subject to a claim of privilege or other
16
protection, the obligations of the Receiving Parties are those set forth in
17
Federal Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to
18
modify whatever procedure may be established in an e-discovery order that
19
provides for production without prior privilege review. Pursuant to Federal
20
21 Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on
22 the effect of disclosure of a communication or information covered by the
23 attorney-client privilege or work product protection, the parties may
24 incorporate their agreement in the stipulated protective order submitted to the
25 court.
26 14. MISCELLANEOUS
27 14.1 Right to Further Relief. Nothing in this Order abridges the right of
28 any person to seek its modification by the Court in the future.
1 14.2 Right to Assert Other Objections. By stipulating to the entry of this
2 Protective Order, no Party waives any right it otherwise would have to object
3 to disclosing or producing any information or item on any ground not
4 addressed in this Stipulated Protective Order. Similarly, no Party waives any
5 right to object on any ground to use in evidence of any of the material covered
6 by this Protective Order.
7
14.3 Filing Protected Material. A Party that seeks to file under seal any
8
Protected Material must comply with Local Civil Rule 79-5. Protected
9
Material may only be filed under seal pursuant to a court order authorizing the
10
sealing of the specific Protected Material. If a Party’s request to file Protected
11
Material under seal is denied by the court, then the Receiving Party may file
12
the information in the public record unless otherwise instructed by the court.
13
15. FINAL DISPOSITION
14
After the final disposition of this Action, as defined in paragraph 6,
15
within 60 days of a written request by the Designating Party, each Receiving
16
Party must return all Protected Material to the Producing Party or destroy such
17
material. As used in this subdivision, “all Protected Material” includes all
18
copies, abstracts, compilations, summaries, and any other format reproducing
19
or capturing any of the Protected Material. Whether the Protected Material is
20
21 returned or destroyed, the Receiving Party must submit a written certification
22 to the Producing Party (and, if not the same person or entity, to the
23 Designating Party) by the 60-day deadline that (1) identifies (by category,
24 where appropriate) all the Protected Material that was returned or destroyed
25 and (2) affirms that the Receiving Party has not retained any copies, abstracts,
26 compilations, summaries or any other format reproducing or capturing any of
27 the Protected Material. Notwithstanding this provision, Counsel are entitled to
28 retain an archival copy of all pleadings, motion papers, trial, deposition, and
1 || hearing transcripts, legal memoranda, correspondence, deposition and trial
2 ||exhibits, expert reports, attorney work product, and consultant and expert
3 || work product, even if such materials contain Protected Material. Any such
4 || archival copies that contain or constitute Protected Material remain subject to
> || this Protective Order as set forth in Section 6 (DURATION).
6 16. VIOLATION
Any violation of this Order may be punished by appropriate measures
8 including, without limitation, contempt proceedings and/or monetary
° sanctions.
IT IS SO ORDERED.
12
13 DATED: September 19, 2024
14
15
16 JOHSD. EARLY □
Urtited States Magistrate Judge
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76619668:3\
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, ___________________________ [print or type full name], of
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__________________________[print or type full address], declare under penalty of
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perjury that I have read in its entirety and understand the Stipulated Protective Order
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that was issued by the United States District Court for the Central District of
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California on September 19, 2024, Miguel Solorio and TheShowlorios, Inc. v.
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CareCo, LLC, et al., Case No. 8:24-cv-00663 JVD (JDEx). I agree to comply with
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and to be bound by all the terms of this Stipulated Protective Order and I understand
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and acknowledge that failure to so comply could expose me to sanctions and
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punishment in the nature of contempt. I solemnly promise that I will not disclose in
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any manner any information or item that is subject to this Stipulated Protective Order
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to any person or entity except in strict compliance with the provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court
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for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action.
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19 I hereby appoint ___________________________ [print or type full name]
20 of ______________________________________________________ [print or type
21 full address and telephone number] as my California agent for service of process in
22 connection with this action or any proceedings related to enforcement of this
23 Stipulated Protective Order.
24 Date:
25 City and State where sworn and signed:
26 Printed name:
27 Signature:
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