The opinion
1
2
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5
6 UNITED STATES DISTRICT COURT
7 FOR THE EASTERN DISTRICT OF CALIFORNIA
8
9
JEAN GONZALES, Case No. 2:24-cv-1033-KJM-CSK
10
Plaintiff,
11
V. ORDER GRANTING STIPULATED
12 PROTECTIVE ORDER
ALLSTATE INSURANCE COMPANY,
13 (ECF No. 8)
Defendant.
14
15 The Court has reviewed the parties’ stipulated protective order below (ECF No.
16 8), and finds it comports with the relevant authorities and the Court’s Local Rule. See
17 141.1. The Court APPROVES the protective order, subject to the following
18 || Clarification.
19 The Court’s Local Rules indicate that once an action is closed, it “will not retain
20 jurisdiction over enforcement of the terms of any protective order filed in that action.”
21
L.R. 141.1(f); see Bylin Heating Sys., Inc. v. Thermal Techs., Inc., 2012 WL 13237584,
22
at *2 (E.D. Cal. Oct. 29, 2012) (noting that courts in the district generally do not retain
23
jurisdiction for disputes concerning protective orders after closure of the case). Thus,
24
the Court will not retain jurisdiction over this protective order once the case is closed.
25
Dated: August 27, 2024
-_ Cc .
27 \ An ype IL
ng □□ CHI SOO KIM
UNITED STATES MAGISTRATE JUDGE
William J. Brown, III SBN 86002
1
P.O. Box 231216
2 Encinitas, California 92023-1216
3 Telephone: (760) 672-0084
Facsimile: (442) 266-8488
4 Attorneys for Plaintiffs
5
Elisabeth E. Martini, SBN 301701
6
Erik R. Overlid, SBN 276052
7 RESNICK & LOUIS, P.C.
9891 Irvine Center Dr., Suite 200
8
Irvine, CA 92618
9 Telephone: (714) 709-4400
10 Facsimile: (714) 709-4400
Email: emartini@rlattorneys.com
11 eoverlid@rlattorneys.com
12 Attorneys for Defendants
13
UNITED STATES DISTRICT COURT
14 EASTERN DISTRICT OF CALIFORNIA
15 JEAN GONZALES, Case No.: 2:24−CV−01033-KJM-CSK
16 Plaintiffs,
STIPULATED PROTECTIVE ORDER
17 v. AND [PROPOSED] ORDER
18 ALLSTATE INSURANCE
COMPANY,
19
Defendant.
20
21 The Parties to this action, through their respective counsel, hereby stipulate
22 to, and request that the Court enter, the fol lowing Protective Order.
23 1. PURPOSES AND LIMITATION
24 Disclosure and discovery activity in this action are likely to involve
25 production of confidential, proprietary, o r private information for which special
26 protection from public disclosure and from use for any purpose other than
27 prosecuting this litigation may be warr anted. Accordingly, the parties hereby
28
1 stipulate to and petition the court to enter the following Stipulated Protective Order.
2 The parties acknowledge that this Order does not confer blanket protections on all
3 disclosures or responses to discovery and that the protection it affords from public
4 disclosure and use extends only to the limited information or items that are entitled
5 to confidential treatment under the applicable legal principles. The parties further
6 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
7
Order does not entitle them to file confidential information under seal; Civil Local
8
Rule 141 sets forth the procedures that must be followed and the standards that will
9
be applied when a party seeks permission from the court to file material under seal.
10
This action is likely to involve trade secrets, customer and pricing lists and
11
other valuable research, development, commercial, financial, technical and/or
12
proprietary information for which special protection from public disclosure and
13
from use for any purpose other than prosecution of this action is warranted. Such
14
confidential and proprietary materials and information consist of, among other
15
things, confidential business or financial information, information regarding
16
confidential business practices, or other confidential research, development, or
17
commercial information (including information implicating privacy rights of third
18
parties), information otherwise generally unavailable to the public, or which may be
19
privileged or otherwise protected from disclosure under state or federal statutes,
20
21 court rules, case decisions, or common la w. Accordingly, to expedite the
22 flow of information, to facilitate th e prompt resolution of disputes over
23 confidentiality of discovery materials, to adequately protect information the parties
24 are entitled to keep confidential, to ensure that the parties are permitted reasonable
25 necessary uses of such material in prepa ration for and in the conduct of trial, to
26 address their handling at the end of the l itigation, and serve the ends of justice, a
27 protective order for such information is jus tified in this matter. It is the intent of the
28 parties that information will not be desig nated as confidential for tactical reasons
and that nothing be so designated without a good faith belief that it has been
1
maintained in a confidential, non-public manner, and there is good cause why it
2
3 should not be part of the public record of this case.
4 2. DEFINITIONS
5 2.1 Challenging Party: a Party or Non-Party that challenges the designation
6 of information or items under this Order.
7
2.2 “CONFIDENTIAL” Information or Items: information (regardless of
8
how it is generated, stored or maintained) or tangible things that qualify for
9
protection under Federal Rule of Civil Procedure 26(c).
10
2.3 Counsel: Outside Counsel of Record and House Counsel (as well as
11
their support staff).
12
13 2.4 Designating Party: a Party or Non-Party that designates information or
14 items that it produces in disclosures or in responses to discovery as
15 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
16 ONLY”
17 2.5 Disclosure or Discovery Mat erial: all items or information, regardless
18 of the medium or manner in which it is ge nerated, stored, or maintained (including,
19 among other things, testimony, transcripts, and tangible things), that are produced or
20 generated in disclosures or responses to di scovery in this matter.
21 2.6 Expert: a person with special ized knowledge or experience in a matter
22 pertinent to the litigation who has been ret ained by a Party or its counsel to serve as
23 an expert witness or as a consultant in this action.
24
2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
25
Information or Items: extremely sensitive “Confidential Information or Items,”
26
disclosure of which to another Party or Non-Party would create a substantial risk of
27
serious harm that could not be avoided by less restrictive means.
28
1 2.8 House Counsel: attorneys who are employees of a party to this action.
2 House Counsel does not include Outside Counsel of Record or any other outside
3 counsel.
4 2.9 Non-Party: any natural person, partnership, corporation, association, or
5 other legal entity not named as a Party to this action.
6
2.10 Outside Counsel of Record: attorneys who are not employees of a party
7
to this action but are retained to represent or advise a party to this action and have
8
appeared in this action on behalf of that party or are affiliated with a law firm which
9
has appeared on behalf of that party.
10
2.11 Party: any party to this action, including all of its officers, directors,
11
employees, consultants, retained experts, and Outside Counsel of Record (and their
12
support staffs).
13
14 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
15 Discovery Material in this action.
16 2.13 Professional Vendors: person s or entities that provide litigation support
17 services (e.g., photocopying, videotapi ng, translating, preparing exhibits or
18 demonstrations, and organizing, storing, o r retrieving data in any form or medium)
19 and their employees and subcontractors.
20 2.14 Protected Material: any Di sclosure or Discovery Material that is
21 designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL –
22 ATTORNEYS’ EYES ONLY.”
23
2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
24
from a Producing Party.
25
26 3. SCOPE
27 The protections conferred by this Stipulation and Order cover not only
28 Protected Material (as defined above), but also (1) any information copied or
1 extracted from Protected Material; (2) all copies, excerpts, summaries, or
2 compilations of Protected Material; and (3) any testimony, conversations, or
3 presentations by Parties or their Counsel that might reveal Protected Material.
4 However, the protections conferred by this Stipulation and Order do not cover the
5 following information: (a) any information that is in the public domain at the time
6 of disclosure to a Receiving Party or becomes part of the public domain after its
7 disclosure to a Receiving Party as a result of publication not involving a violation of
8 this Order, including becoming part of the public record through trial or otherwise;
9 and (b) any information known to the Receiving Party prior to the disclosure or
10 obtained by the Receiving Party after the disclosure from a source who obtained the
11 information lawfully and under no obligation of confidentiality to the Designating
12 Party. Any use of Protected Material at trial shall be governed by a separate
13 agreement or order.
14 4. DURATION
15 Even after final disposition of this litigation, the confidentiality obligations
16 imposed by this Order shall remain in effect until a Designating Party agrees
17 otherwise in writing or a court order oth erwise directs. Final disposition shall be
18 deemed to be the later of (1) dismissal of a ll claims and defenses in this action, with
19 or without prejudice; and (2) final jud gment herein after the completion and
20 exhaustion of all appeals, rehearings, re mands, trials, or reviews of this action,
21 including the time limits for filing any mo tions or applications for extension of time
22 pursuant to applicable law.
23
5. DESIGNATING PROTECTED MATERIAL
24
5.1 Exercise of Restraint and Care in Designating Material for Protection.
25
Each Party or Non-Party that designates information or items for protection under
26
this Order must take care to limit any such designation to specific material that
27
qualifies under the appropriate standards. To the extent it is practical to do so, the
28
1 Designating Party must designate for protection only those parts of material,
2 documents, items, or oral or written communications that qualify – so that other
3 portions of the material, documents, items, or communications for which protection
4 is not warranted are not swept unjustifiably within the ambit of this Order.
5 Mass, indiscriminate, or routinized designations are prohibited. Designations
6 that are shown to be clearly unjustified or that have been made for an improper
7 purpose (e.g., to unnecessarily encumber or retard the case development process or
8 to impose unnecessary expenses and burdens on other parties) expose the
9 Designating Party to sanctions.
10
If it comes to a Designating Party’s attention that information or items that it
11
designated for protection do not qualify for protection at all or do not qualify for the
12
level of protection initially asserted, that Designating Party must promptly notify all
13
other parties that it is withdrawing the mistaken designation.
14
5.2 Manner and Timing of Designations. Except as otherwise provided in
15
this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
16
stipulated or ordered, Disclosure or Discovery. Material that qualifies for protection
17
under this Order must be clearly so designated before the material is disclosed or
18
produced.
19
Designation in conformity with this Order requires:
20
21 (a) for information in documentary form (e.g., paper or electronic documents,
22 but excluding transcripts of depositions o r other pretrial or trial proceedings), that
23 the Producing Party affix the legen d “CONFIDENTIAL” or “HIGHLY
24 CONFIDENTIAL – ATTORNEYS’ EY ES ONLY” to each page that contains
25 protected material. If only a portion or po rtions of the material on a page qualifies
26 for protection, the Producing Party also mu st clearly identify the protected portion(s)
27 (e.g., by making appropriate markings in the margins) and must specify, for each
28 portion, the level of protection being asser ted.
1 A Party or Non-Party that makes original documents or materials available for
2 inspection need not designate them for protection until after the inspecting Party has
3 indicated which material it would like copied and produced. During the inspection
4 and before the designation, all of the material made available for inspection shall be
5 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the
6 inspecting Party has identified the documents it wants copied and produced, the
7 Producing Party must determine which documents, or portions thereof, qualify for
8 protection under this Order. Then, before producing the specified documents, the
9 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or
10 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that
11 contains Protected Material. If only a portion or portions of the material on a page
12 qualifies for protection, the Producing Party also must clearly identify the protected
13 portion(s) (e.g., by making appropriate markings in the margins) and must specify,
14 for each portion, the level of protection being asserted.
15 (b) for testimony given in deposition or in other pretrial or trial proceedings,
16 that the Designating Party identify on the record, before the close of the deposition,
17 hearing, or other proceeding, all protec ted testimony and specify the level of
18 protection being asserted. When it is impr actical to identify separately each portion
19 of testimony that is entitled to protection and it appears that substantial portions of
20 the testimony may qualify for protection, the Designating Party may invoke on the
21 record (before the deposition, hearing, or other proceeding is concluded) a right to
22 have up to 21 days to identify the specif ic portions of the testimony as to which
23 protection is sought and to specify the leve l of protection being asserted. Only those
24 portions of the testimony that are appropri ately designated for protection within the
25 21 days shall be covered by the provisi ons of this Stipulated Protective Order.
26 Alternatively, a Designating Party may sp ecify, at the deposition or up to 21 days
27 afterwards if that period is properly invoke d, that the entire transcript shall be treated
28
1 as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
2 ONLY.”
3 Transcripts containing Protected Material shall contain a notice on the title
4 page that the transcript contains Protected Material. The title page shall be followed
5 by a list of all pages (including line numbers as appropriate) that have been
6 designated as Protected Material and the level of protection being asserted by the
7 Designating Party. The Designating Party shall be responsible for informing the
8 court reporter of these requirements.
9
(c) for information produced in some form other than documentary and for
10
any other tangible items, that the Producing Party affix in a prominent place on the
11
exterior of the container or containers in which the information or item is stored the
12
legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
13
EYES ONLY”. If only a portion or portions of the information or item warrant
14
protection, the Producing Party, to the extent practicable, shall identify the protected
15
portion(s) and specify the level of protection being asserted.
16
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
17
failure to designate qualified information or items does not, standing alone, waive
18
the Designating Party’s right to secure protection under this Order for such material.
19
Upon timely correction of a designation, the Receiving Party must make reasonable
20
efforts to assure that the material is treated in accordance with the provisions of this
21
Order.
22
23 6. CHALLENGING CONFIDENTI ALITY DESIGNATIONS
6.1 Timing of Challenges. Any Party or Non-Party may challenge a
24
designation of confidentiality at any time. Unless a prompt challenge to a
25
Designating Party’s confidentiality designation is necessary to avoid foreseeable,
26
substantial unfairness, unnecessary economic burdens, or a significant disruption or
27
delay of the litigation, a Party does not waive its right to challenge a confidentiality
28
1 designation by electing not to mount a challenge promptly after the original
2 designation is disclosed.
3 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
4 resolution process by providing written notice of each designation it is challenging
5 and describing the basis for each challenge. To avoid ambiguity as to whether a
6 challenge has been made, the written notice must recite that the challenge to
7 confidentiality is being made in accordance with this specific paragraph of the
8 Protective Order. The parties shall attempt to resolve each challenge in good faith
9 and must begin the process by conferring directly (in voice-to-voice dialogue; other
10 forms of communication are not sufficient) within 14 days of the date of service of
11 notice. In conferring, the Challenging Party must explain the basis for its belief that
12 the confidentiality designation was not proper and must give the Designating Party
13 an opportunity to review the designated material, to reconsider the circumstances,
14 and, if no change in designation is offered, to explain the basis for the chosen
15 designation. A Challenging Party may proceed to the next stage of the challenge
16 process only if it has engaged in this meet and confer process first or establishes that
17 the Designating Party is unwilling to parti cipate in the meet and confer process in a
18 timely manner.
19 6.3 Judicial Intervention. If the P arties cannot resolve a challenge without
20 court intervention, the Designating Party shall file and serve a motion to retain
21 confidentiality under Civil Local Rule 141 .1(d) (and in compliance with Civil Local
22 Rule 141.1(e), if applicable) within 21 d ays of the initial notice of challenge or
23 within 14 days of the parties agreeing th at the meet and confer process will not
24 resolve their dispute, whichever is earlier. Each such motion must be accompanied
25 by a competent declaration affirming that the movant has complied with the meet
26 and confer requirements imposed in th e preceding paragraph. Failure by the
27 Designating Party to make such a motion including the required declaration within
28
1 21 days (or 14 days, if applicable) shall automatically waive the confidentiality
2 designation for each challenged designation. In addition, the Challenging Party may
3 file a motion challenging a confidentiality designation at any time if there is good
4 cause for doing so, including a challenge to the designation of a deposition transcript
5 or any portions thereof. Any motion brought pursuant to this provision must be
6 accompanied by a competent declaration affirming that the movant has complied
7 with the meet and confer requirements imposed by the preceding paragraph.
8 The burden of persuasion in any such challenge proceeding shall be on the
9 Designating Party. Frivolous challenges and those made for an improper purpose
10 (e.g., to harass or impose unnecessary expenses and burdens on other parties) may
11 expose the Challenging Party to sanctions. Unless the Designating Party has waived
12 the confidentiality designation by failing to file a motion to retain confidentiality as
13 described above, all parties shall continue to afford the material in question the level
14 of protection to which it is entitled under the Producing Party’s designation until the
15 court rules on the challenge.
16 7. ACCESS TO AND USE OF PRO TECTED MATERIAL
17 7.1 Basic Principles. A Receiving Party may use Protected Material that is
18 disclosed or produced by another Party o r by a Non-Party in connection with this
19 case only for prosecuting, defending, or attempting to settle this litigation. Such
20 Protected Material may be disclosed only to the categories of persons and under the
21 conditions described in this Order. Whe n the litigation has been terminated, a
22 Receiving Party must comply with the p rovisions of section 13 below (FINAL
23 DISPOSITION).
24
Protected Material must be stored and maintained by a Receiving Party at a
25
location and in a secure manner that ensures that access is limited to the persons
26
authorized under this Order.
27
28
1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
2 otherwise ordered by the court or permitted in writing by the Designating Party, a
3 Receiving Party may disclose any information or item designated
4 “CONFIDENTIAL” only to:
5 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
6 employees of said Outside Counsel of Record to whom it is reasonably necessary to
7 disclose the information for this litigation and who have signed the
8 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
9 A;
10
(b) the officers, directors, and employees (including House Counsel) of the
11
Receiving Party to whom disclosure is reasonably necessary for this litigation and
12
who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13
(c) Experts (as defined in this Order) of the Receiving Party to whom
14
disclosure is reasonably necessary for this litigation and who have signed the
15
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
16
17 (d) the court and its personnel;
18 (e) court reporters and their staff, p rofessional jury or trial consultants, and
19 Professional Vendors to whom disclosure is reasonably necessary for this litigation
20 and who have signed the “Acknowledgme nt and Agreement to Be Bound” (Exhibit
21 A);
22 (f) during their depositions, witnes ses in the action to whom disclosure is
23 reasonably necessary and who have signe d the “Acknowledgment and Agreement
24 to Be Bound” (Exhibit A), unless otherw ise agreed by the Designating Party or
25 ordered by the court. Pages of transcrib ed deposition testimony or exhibits to
26 depositions that reveal Protected Materia l must be separately bound by the court
27
28
1 reporter and may not be disclosed to anyone except as permitted under this Stipulated
2 Protective Order.
3 (g) the author or recipient of a document containing the information or a
4 custodian or other person who otherwise possessed or knew the information.
5
7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
6
ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
7
writing by the Designating Party, a Receiving Party may disclose any information
8
or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
9
only to:
10
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
11
employees of said Outside Counsel of Record to whom it is reasonably necessary to
12
disclose the information for this litigation and who have signed the
13
“Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit
14
A;
15
16 (b) Experts of the Receiving Part y (1) to whom disclosure is reasonably
17 necessary for this litigation, (2) who h ave signed the “Acknowledgment and
18 Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth
19 in paragraph 7.4(a)(2), below, have been f ollowed;
20 (c) the Court and its personnel;
21 (d) court reporters and their staff, p rofessional jury or trial consultants, and
22 Professional Vendors to whom disclosure is reasonably necessary for this litigation
23 and who have signed the “Acknowledgme nt and Agreement to Be Bound” (Exhibit
24 A); and
25
(e) the author or recipient of a document containing the information or a
26
custodian or other person who otherwise possessed or knew the information.
27
28
1 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
2 PRODUCED IN OTHER LITIGATION.
3 If a Party is served with a subpoena or a court order issued in other litigation
4
that compels disclosure of any information or items designated in this action as
5
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
6
ONLY” that Party must:
7
(a) promptly notify in writing the Designating Party. Such notification shall
8
include a copy of the subpoena or court order;
9
(b) promptly notify in writing the party who caused the subpoena or order to
10
issue in the other litigation that some or all of the material covered by the subpoena
11
or order is subject to this Protective Order. Such notification shall include a copy of
12
this Stipulated Protective Order; and
13
(c) cooperate with respect to all reasonable procedures sought to be pursued
14
by the Designating Party whose Protected Material may be affected.
15
If the Designating Party timely seeks a protective order, the Party served with
16
the subpoena or court order shall not produce any information designated in this
17
18 action as “CONFIDENTIAL” or “HIGH LY CONFIDENTIAL – ATTORNEYS’
19 EYES ONLY” before a determination by t he court from which the subpoena or order
20 issued, unless the Party has obtained th e Designating Party’s permission. The
21 Designating Party shall bear the burden a nd expense of seeking protection in that
22 court of its confidential material – and nothing in these provisions should be
23 construed as authorizing or encouraging a Receiving Party in this action to disobey
24 a lawful directive from another court.
25 9. A NON-PARTY’S PROTECTE D MATERIAL SOUGHT TO BE
26 PRODUCED IN THIS LITIGAT ION
27
(a) The terms of this Order are applicable to information produced by a
28
1 Non-Party in this action and designated as “CONFIDENTIAL” or “HIGHLY
2 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. Such information produced by
3 Non-Parties in connection with this litigation is protected by the remedies and relief
4 provided by this Order. Nothing in these provisions should be construed as
5 prohibiting a Non-Party from seeking additional protections.
6 (b) In the event that a Party is required, by a valid discovery request, to
7
produce a Non-Party’s confidential information in its possession, and the Party is
8
subject to an agreement with the Non-Party not to produce the Non-Party’s
9
confidential information, then the Party shall:
10
1. promptly notify in writing the Requesting Party and the Non-Party that some
11
or all of the information requested is subject to a confidentiality agreement with a
12
Non-Party;
13
2. promptly provide the Non-Party with a copy of the Stipulated Protective Order
14
in this litigation, the relevant discovery request(s), and a reasonably specific
15
description of the information requested; and
16
3. make the information requested available for inspection by the Non-Party.
17
18 (c) If the Non-Party fails to objec t or seek a protective order from this court
19 within 14 days of receiving the notice and accompanying information, the Receiving
20 Party may produce the Non-Party’s con fidential information responsive to the
21 discovery request. If the Non-Party timel y seeks a protective order, the Receiving
22 Party shall not produce any information in its possession or control that is subject to
23 the confidentiality agreement with the N on-Party before a determination by the
24
court. Absent a court order to the contrary, the Non-Party shall bear the burden and
25
expense of seeking protection in this court of its Protected Material.
26
///
27
28
1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
3 Protected Material to any person or in any circumstance not authorized under this
4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
7 or persons to whom unauthorized disclosures were made of all the terms of this
8 Order, and (d) request such person or persons to execute the “Acknowledgment and
9 Agreement to Be Bound” that is attached hereto as Exhibit A.
10
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
11
PROTECTED MATERIAL
12
When a Producing Party gives notice to Receiving Parties that certain
13
inadvertently produced material is subject to a claim of privilege or other protection,
14
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
15
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
16
17 may be established in an e-discovery order that provides for production without prior
18 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
19 parties reach an agreement on the effec t of disclosure of a communication or
20 information covered by the attorney-client privilege or work product protection, the
21 parties may incorporate their agreement in the stipulated protective order submitted
22 to the court.
23 12. MISCELLANEOUS
24 12.1 Right to Further Relief. Noth ing in this Order abridges the right of any
25 person to seek its modification by the cour t in the future.
26
12.2 Right to Assert Other Objections. By stipulating to the entry of this
27
Protective Order no Party waives any right it otherwise would have to object to
28
1 disclosing or producing any information or item on any ground not addressed in this
2 Stipulated Protective Order. Similarly, no Party waives any right to object on any
3 ground to use in evidence of any of the material covered by this Protective Order.
4 12.3 Filing Protected Material. Without written permission from the
5 Designating Party or a court order secured after appropriate notice to all interested
6 persons, a Party may not file in the public record in this action any Protected
7 Material. A Party that seeks to file under seal any Protected Material must comply
8 with Civil Local Rule 141. Protected Material may only be filed under seal pursuant
9 to a court order authorizing the sealing of the specific Protected Material at issue.
10 Pursuant to Civil Local Rule 141, a sealing order will issue only upon a request
11 establishing that the Protected Material at issue is privileged, protectable as a trade
12 secret, or otherwise entitled to protection under the law. If a Receiving Party's
13 request to file Protected Material under seal pursuant to Civil Local Rule 141 is
14 denied by the court, then the Receiving Party may file the Protected Material in the
15 public record pursuant to Civil Local Rule 141 unless otherwise instructed by the
16 court.
17 13. FINAL DISPOSITION
18
Within 60 days after the final disposition of this action, as defined in
19
paragraph 4, each Receiving Party must return all Protected Material to the
20
Producing Party or destroy such material. As used in this subdivision, “all Protected
21
Material” includes all copies, abstracts, compilations, summaries, and any other
22
format reproducing or capturing any of the Protected Material. Whether the
23
Protected Material is returned or destroyed, the Receiving Party must submit a
24
written certification to the Producing Party (and, if not the same person or entity, to
25
the Designating Party) by the 60-day deadline that (1) identifies (by category, where
26
appropriate) all the Protected Material that was returned or destroyed and (2) affirms
27
that the Receiving Party has not retained any copies, abstracts, compilations,
28
1 |}summaries or any other format reproducing or capturing any of the Protecte
2 || Material. Notwithstanding this provision, Counsel are entitled to retain an archiva
3 of all pleadings, motion papers, trial, deposition, and hearing transcripts, lega
4 ||memoranda, correspondence, deposition and trial exhibits, expert reports, attorne
5 || work product, and consultant and expert work product, even if such materials contat
6 || Protected Material. Any such archival copies that contain or constitute Protecte
7 ||Material remain subject to this Protective Order as set forth in Section
g || (DURATION).
9 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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WILLIAM J. BROWN, III ESQ
13 /s/ William J_ Brown III (w/permission)
William J. Brown III, Esq.
14 Attorneys for Plaintiff
RESNICK & LOUIS, P.C.
17 tok WHS
Elisabeth E. Martini, Esq.
18 Attorneys for Defendant
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1 EXHIBIT A - ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
2 I, _____________________________ [print or type full name], of
3 _________________ [print or type full address], declare under penalty of perjury that I
4 have read in its entirety and understand the Stipulated Protective Order that was issued by
5 the United States District Court for the Eastern District of California on _______[date] in
6 the case of Jean Gonzales v. Allstate Insurance Co.; Case No: 52:24−CV−01033-KJM-
7 CSK, pending in the United States District Court for the Eastern District of California. I
8 agree to comply with and to be bound by all the terms of this Stipulated Protective Order
9 and I understand and acknowledge that failure to so comply could expose me to sanctions
10 and punishment in the nature of contempt. I solemnly promise that I will not disclose in
11 any manner any information or item that is subject to this Stipulated Protective Order to
12 any person or entity except in strict compliance with the provisions of this Order.
13
I further agree to submit to the jurisdiction of the United States District Court for
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the Eastern District of California for the purpose of enforcing the terms of this Stipulated
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Protective Order, even if such enforcement proceedings occur after termination of this
16 action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and telephone
19
number] as my California agent for service of process in connection with this action or any
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proceedings related to enforcement of this Stipulated Protective Order.
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22 Date: ________________________________ _
23 City and State where sworn and signed: ____ _____________________________
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25 Printed name: _________________________ _____
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Signature: __________________________________
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[signature]
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1 CERTIFICATE OF SERVICE
2 I, Teresa Schreiber, hereby certify and declare as follows:
3 1. I am over the age of 18 years and not a party to this action.
4 2. My business address is 9891 Irvine Center Drive, Suite 200, Irvine,
5 92618.
6 3. On August 21, 2024, I electronically filed the foregoing with the Clerk
7 the Court for the United States District Court, Northern, by using the CM/ECF
g || system. Participants in the case who are registered CM/ECF users will be served by
g CM/ECF system.
10 I declare under penalty of perjury under the laws of the State of California
11 || that the foregoing is true and correct.
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13 Executed August 21°, 2024, at Irvine, California.
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15 By: a nas Beatie Bian
16 Teresa Schreiber
7 An Employee of Resnick & Louis, P.C
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