The opinion
1 JOHN L. BURRIS, ESQ., SBN 69888
BEN NISENBAUM, ESQ., SBN 222173
2 JAMES COOK, ESQ., SBN 300212
3 BURRIS, NISENBAUM, CURRY, & LACY, LLP
Airport Corporate Center
4 7677 Oakport Street, Suite 1120 Oakland, CA 94621
Telephone: (510) 839-5200
5 Facsimile: (510) 839-3882
6 Email: John.Burris@johnburrislaw.com
Email: Ben.Nisenbaum@johnburrislaw.com
7 Email: James.Cook@johnburrislaw.com
8
Attorneys for Plaintiffs,
9 LAURA MADRID, et al.
10 GARY L. LOGAN, ESQ., SBN 90558
LEBEAU-THELEN, LLP
11
5001 E Commerce Center Dr, Ste 300
12 Bakersfield, CA 93309-1687
Email: glogan@lebeauthelen.com
13
Attorneys for Defendants,
14
COUNTY OF TULARE and DOES 1-50
15
16 UNITED STATES DISTRICT COURT
17
FOR THE EASTERN DISTRICT OF CALIFORNIA
18
19 LAURA MADRID, et al., CASE NO.: 1:24-cv-00351-BAM
20 Plaintiffs, STIPULATED PROTECTIVE ORDER
21
Judge: Hon. Barbara A. McAuliffe
vs.
22 Date Action Filed: March 25, 2024
Trial Date: Not Set
23
COUNTY OF TULARE, a municipal corporation;
24 and DOES 1-50, inclusive, individually, jointly,
and severally,
25
26
Defendants.
27
28 1. PURPOSES AND LIMITATIONS
1 Disclosure and discovery activity in this action are likely to involve production of
2 confidential, proprietary, or private information for which special protection from public disclosure
3
and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,
4
the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
5
6 Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures
7 or responses to discovery and that the protection it affords from public disclosure and use extends
8
only to the limited information or items that are entitled to confidential treatment under the applicable
9
Stipulated Protective Order does not entitle them to file confidential information under seal; 141.1
10
(Fed. R. Civ. P. 26) sets forth the procedures that must be followed and the standards that will be
11
12 applied when a party seeks permission from the court to file material under seal.
13 2. DEFINITIONS
14
2.1 Challenging Party: a Party or Non-Party that challenges the designation of
15
information or items under this Order.
16
2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
17
18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of
19 Civil Procedure 26(c).
20
2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well
21
as their support staff).
22
23 2.4 Designating Party: a Party or Non-Party that designates information or items that it
24 produces in disclosures or in responses to discovery as “CONFIDENTIAL.”
25 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium
26
or manner in which it is generated, stored, or maintained (including, among other things, testimony,
27
28
1 transcripts, and tangible things), that are produced or generated in disclosures or responses to
2 discovery in this matter.
3
2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the
4
litigation who has been retained by a Party or its counsel to serve as an expert witness or as a
5
6 consultant in this action.
7 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel
8
does not include Outside Counsel of Record or any other outside counsel.
9
2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
10
entity not named as a Party to this action.
11
12 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action
13 but are retained to represent or advise a party to this action and have appeared in this action on behalf
14
of that party or are affiliated with a law firm which has appeared on behalf of that party.
15
2.10 Party: any party to this action, including all of its officers, directors, employees,
16
consultants, retained experts, and Outside Counsel of Record (and their support staffs).
17
18 2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material
19 in this action.
20
2.12 Professional Vendors: persons or entities that provide litigation support services (e.g.,
21
photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing,
22
23 or retrieving data in any form or medium) and their employees and subcontractors.
24 2.13 Protected Material: any Disclosure or Discovery Material that is designated as
25 “CONFIDENTIAL.”
26
2.14 Receiving Party: a Party that receives Disclosure or Discovery Material from a
27
Producing Party.
28
1 3. SCOPE
2 The protections conferred by this Stipulation and Order cover not only Protected Material (as
3
defined above), but also (1) any information copied or extracted from Protected Material; (2) all
4
copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
5
6 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
7 However, the protections conferred by this Stipulation and Order do not cover the following
8
information: (a) any information that is in the public domain at the time of disclosure to a Receiving
9
Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of
10
publication not involving a violation of this Order, including becoming part of the public record
11
12 through trial or otherwise; and (b) any information known to the Receiving Party prior to the
13 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the
14
information lawfully and under no obligation of confidentiality to the Designating Party. Any use of
15
Protected Material at trial shall be governed by a separate agreement or order.
16
4. DURATION
17
18 Even after final disposition of this litigation, the confidentiality obligations imposed by this
19 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
20
otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and
21
defenses in this action, with or without prejudice; and (2) final judgment herein after the completion
22
23 and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action, including the
24 time limits for filing any motions or applications for extension of time pursuant to applicable law.
25 5. DESIGNATING PROTECTED MATERIAL
26
5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
27
Non-Party that designates information or items for protection under this Order must take care to limit
28
1 any such designation to specific material that qualifies under the appropriate standards. The
2 Designating Party must designate for protection only those parts of material, documents, items, or
3
oral or written communications that qualify – so that other portions of the material, documents, items,
4
or communications for which protection is not warranted are not swept unjustifiably within the ambit
5
6 of this Order.
7 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown
8
to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
9
encumber or retard the case development process or to impose unnecessary expenses and burdens on
10
other parties) expose the Designating Party to sanctions.
11
12 If it comes to a Designating Party’s attention that information or items that it designated for
13 protection do not qualify for protection, that Designating Party must promptly notify all other Parties
14
that it is withdrawing the mistaken designation.
15
5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,
16
e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
17
18 Discovery Material that qualifies for protection under this Order must be clearly so designated before
19 the material is disclosed or produced.
20
Designation in conformity with this Order requires:
21
(a) for information in documentary form (e.g., paper or electronic documents, but
22
23 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
24 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a portion
25 or portions of the material on a page qualifies for protection, the Producing Party also must clearly
26
identify the protected portion(s) (e.g., by making appropriate markings in the margins). A Party or
27
Non-Party that makes original documents or materials available for inspection need not designate
28
1 them for protection until after the inspecting Party has indicated which material it would like copied
2 and produced. During the inspection and before the designation, all of the material made available
3
for inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has identified the
4
documents it wants copied and produced, the Producing Party must determine which documents, or
5
6 portions thereof, qualify for protection under this Order. Then, before producing the specified
7 documents, the Producing Party must affix the “CONFIDENTIAL” legend to each page that contains
8
Protected Material. If only a portion or portions of the material on a page qualifies for protection, the
9
Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
10
markings in the margins).
11
12 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
13 Designating Party identify on the record, before the close of the deposition, hearing, or other
14
proceeding, all protected testimony.
15
(c) for information produced in some form other than documentary and for any other
16
tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
17
18 containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a
19 portion or portions of the information or item warrant protection, the Producing Party, to the extent
20
practicable, shall identify the protected portion(s).
21
5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
22
23 designate qualified information or items does not, standing alone, waive the Designating Party’s right
24 to secure protection under this Order for such material. Upon timely correction of a designation, the
25 Receiving Party must make reasonable efforts to assure that the material is treated in accordance with
26
the provisions of this Order.
27
6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
28
1 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
2 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
3
designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,
4
or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a
5
6 confidentiality designation by electing not to mount a challenge promptly after the original
7 designation is disclosed.
8
6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
9
by providing written notice of each designation it is challenging and describing the basis for each
10
challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
11
12 recite that the challenge to confidentiality is being made in accordance with this specific paragraph of
13 the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin
14
the process by conferring directly (in voice to voice dialogue; other forms of communication are not
15
sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party must
16
explain the basis for its belief that the confidentiality designation was not proper and must give the
17
18 Designating Party an opportunity to review the designated material, to reconsider the circumstances,
19 and, if no change in designation is offered, to explain the basis for the chosen designation. A
20
Challenging Party may proceed to the next stage of the challenge process only if it has engaged in
21
this meet and confer process first or establishes that the Designating Party is unwilling to participate
22
23 in the meet and confer process in a timely manner.
24 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
25 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil
26
Local 79-5 within 21 days of the initial notice of challenge or within 14 days of the parties agreeing
27
that the meet and confer process will not resolve their dispute, whichever is earlier. Each such
28
1 motion must be accompanied by a competent declaration affirming that the movant has complied
2 with the meet and confer requirements imposed in the preceding paragraph. Failure by the
3
Designating Party to make such a motion including the required declaration within 21 days (or 14
4
days, if applicable) shall automatically waive the confidentiality designation for each challenged
5
6 designation. In addition, the Challenging Party may file a motion challenging a confidentiality
7 designation at any time if there is good cause for doing so, including a challenge to the designation of
8
a deposition transcript or any portions thereof. Any motion brought pursuant to this provision must
9
be accompanied by a competent declaration affirming that the movant has complied with the meet
10
and confer requirements imposed by the preceding paragraph.
11
12 The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
13 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose unnecessary
14
expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the
15
Designating Party has waived the confidentiality designation by failing to file a motion to retain
16
confidentiality as described above, all parties shall continue to afford the material in question the
17
18 level of protection to which it is entitled under the Producing Party’s designation until the court rules
19 on the challenge.
20
7. ACCESS TO AND USE OF PROTECTED MATERIAL
21
7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
22
23 produced by another Party or by a Non-Party in connection with this case only for prosecuting,
24 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to
25 the categories of persons and under the conditions described in this Order. When the litigation has
26
been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL
27
DISPOSITION).
28
1 Protected Material must be stored and maintained by a Receiving Party at a location and in a
2 secure manner that ensures that access is limited to the persons authorized under this Order.
3
7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by
4
the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
5
6 information or item designated “CONFIDENTIAL” only to:
7 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
8
employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
9
information for this litigation and who have signed the “Acknowledgment and Agreement to Be
10
Bound” that is attached hereto as Exhibit A;
11
12 (b) the Deputies, directors, and employees (including House Counsel) of the
13 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed
14
the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
15
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
16
reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to
17
18 Be Bound” (Exhibit A);
19 (d) the court and its personnel;
20
(e) court reporters and their staff, professional jury or trial consultants, mock jurors,
21
and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
22
23 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
24 (f) during their depositions, witnesses in the action to whom disclosure is reasonably
25 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A),
26
unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed
27
deposition testimony or exhibits to depositions that reveal Protected Material must be separately
28
1 bound by the court reporter and may not be disclosed to anyone except as permitted under this
2 Stipulated Protective Order.
3
(g) the author or recipient of a document containing the information or a custodian or
4
other person who otherwise possessed or knew the information.
5
6 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
7 LITIGATION
8
If a Party is served with a subpoena or a court order issued in other litigation that compels
9
disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party
10
must:
11
12 (a) promptly notify in writing the Designating Party. Such notification shall include a
13 copy of the subpoena or court order;
14
(b) promptly notify in writing the party who caused the subpoena or order to issue in
15
the other litigation that some or all of the material covered by the subpoena or order is subject to this
16
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and
17
18 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
19 Designating Party whose Protected Material may be affected.
20
If the Designating Party timely seeks a protective order, the Party served with the subpoena or
21
court order shall not produce any information designated in this action as “CONFIDENTIAL” before
22
23 a determination by the court from which the subpoena or order issued, unless the Party has obtained
24 the Designating Party’s permission. The Designating Party shall bear the burden and expense of
25 seeking protection in that court of its confidential material – and nothing in these provisions should
26
be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful
27
directive from another court.
28
1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
2 LITIGATION
3
(a) The terms of this Order are applicable to information produced by a Non-Party in
4
this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in
5
6 connection with this litigation is protected by the remedies and relief provided by this Order.
7 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional
8
protections.
9
(b) In the event that a Party is required, by a valid discovery request, to produce a
10
Non-Party’s confidential information in its possession, and the Party is subject to an agreement with
11
12 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
13 (1) promptly notify in writing the Requesting Party and the Non-Party that
14
some or all of the information requested is subject to a confidentiality agreement with a Non-Party;
15
(2) promptly provide the Non-Party with a copy of the Stipulated Protective
16
Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the
17
18 information requested; and
19 (3) make the information requested available for inspection by the Non-Party.
20
(c) If the Non-Party fails to object or seek a protective order from this court within 14 days of
21
receiving the notice and accompanying information, the Receiving Party may produce the Non-
22
23 Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a
24 protective order, the Receiving Party shall not produce any information in its possession or control
25 that is subject to the confidentiality agreement with the Non-Party before a determination by the
26
court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of
27
seeking protection in this court of its Protected Material.
28
1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
3
Material to any person or in any circumstance not authorized under this Stipulated Protective Order,
4
the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
5
6 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)
7 inform the person 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 Agreement to Be
9
Bound” that is attached hereto as Exhibit A.
10
11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
11
12 MATERIAL
13 When a Producing Party gives notice to Receiving Parties that certain inadvertently produced
14
material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties
15
are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to
16
modify whatever procedure may be established in an e-discovery order that provides for production
17
18 without prior privilege review. Pursuant to Federal Rule of Evidence 252(d) and (e), insofar as the
19 parties reach an agreement on the effect of disclosure of a communication or information covered by
20
the attorney-client privilege or work product protection, the parties may incorporate their agreement
21
in the stipulated protective order submitted to the court.
22
23 12. MISCELLANEOUS
24 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek
25 its modification by the court in the future.
26
12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order
27
no Party waives any right it otherwise would have to object to disclosing or producing any
28
1 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no
2 Party waives any right to object on any ground to use in evidence of any of the material covered by
3
this Protective Order.
4
12.3 Filing Protected Material. Without written permission from the Designating Party or a
5
6 court order secured after appropriate notice to all interested persons, a Party may not file in the public
7 record in this action any Protected Material. A Party that seeks to file under seal any Protected
8
Material must comply with Local Rule 141.1 (Fed. R. Civ. P. 26). Protected Material may only be
9
filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at
10
issue. Pursuant to Local Rule 141.1 (Fed. R. Civ. P. 26), a sealing order will issue only upon a
11
12 request establishing that the Protected Material at issue is privileged, protectable as a trade secret, or
13 otherwise entitled to protection under the law. If a Receiving Party's request to file Protected
14
Material under seal pursuant to Local Rule 141.1 (Fed. R. Civ. P. 26) is denied by the court, then the
15
Receiving Party may file the information in the public record pursuant to Local Rule 141.1 (Fed. R.
16
Civ. P. 26) unless otherwise instructed by the court.
17
18 13. FINAL DISPOSITION
19 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
20
Receiving Party must return all Protected Material to the Producing Party or destroy such material.
21
As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
22
23 summaries, and any other format reproducing or capturing any of the Protected Material. Whether
24 the Protected Material is returned or destroyed, the Receiving Party must submit a written
25 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) by
26
the 60 day deadline that (1) identifies (by category, where appropriate) all the Protected Material that
27
was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,
28
1 abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected
2 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
3
pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
4
correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant
5
6 and expert work product, even if such materials contain Protected Material. Any such archival copies
7 that contain or constitute Protected Material remain subject to this Protective Order as set forth in
8
Section 4 (DURATION).
9
10 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD
11
12
13 Dated: October 7, 2024 BURRIS, NISENBAUM, CURRY, & LACY, LLP
14 /s/
15 James Cook
Attorney for Plaintiffs
16 LAURA MADRID, et al.
17
18 Dated: October 7, 2024 LEBEAU-THELEN, LLP
19 By: /s/ Gary L. Logan
Gary L. Logan
20
Attorney for Defendants
21 COUNTY OF TULARE, et al.
22
23
24
25
26
27
28
1
EXHIBIT A
2
3
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
4
5 I, [type or print full name] of ____________________
6 [address], declare under penalty of perjury that I have read in its entirety and understand the
7
stipulation protective order that was issues by the Unites States District Court for the Eastern District
8
of California on ________ I the case of __________________________ Case No. ______________.
9
10 I agree to comply with and be bound by all the terms of this Stipulation Protective Order and I
11 understand and acknowledge that failure to so comply could expose me to sanctions and punishment
12
in the nature of contempt. I solemnly promise that I will not disclose in any manner any information
13
or item that is subject to this Stipulated Protective Order to any person or entity except in strict
14
compliance with the provisions of this Order.
15
16 I further agree to submit to the jurisdiction of the United States District Court for the Eastern
17 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even
18
if such enforcement proceedings occur after termination of this action.
19
I declare under penalty of perjury under the laws of the State of California that the foregoing
20
is true and correct and if called as a witness, I could and would competently testify thereto.
21
22
23 Date:
24
City and State where sworn and signed:
25
Printed Name:
26
27
28 Signature:
1 ORDER
2 Having considered the above stipulation and finding good cause, the Court adopts the signed
3
stipulated protective order with the amendment that a section of paragraph 6.3 regarding judicial
4
intervention is amended from “If the Parties cannot resolve a challenge without court intervention,
5
6 the Designating Party shall file and serve a motion to retain confidentiality under Civil Local 79-5…”
7 to “If the Parties cannot resolve a challenge without court intervention, the Designating Party shall
8
file and serve a motion to retain confidentiality under Civil Local Rule 251...”
9
The parties are advised that pursuant to the Local Rules of the United States District Court,
10
Eastern District of California, any documents subject to the protective order to be filed under seal
11
12 must be accompanied by a written request which complies with Local Rule 141 prior to sealing. The
13 party making a request to file documents under seal shall be required to show good cause for
14
documents attached to a nondispositive motion or compelling reasons for documents attached to a
15
dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2009). Within
16
five (5) days of any approved document filed under seal, the party shall file a redacted copy of the
17
18 sealed document. The redactions shall be narrowly tailored to protect only the information that is
19 confidential or was deemed confidential.
20
Additionally, the parties shall consider resolving any dispute arising under the protective
21
order according to the Court’s informal discovery dispute procedure.
22
23
24 IT IS SO ORDERED.
25
Dated: October 7, 2024 /s/ Barbara A. McAuliffe _
26 UNITED STATES MAGISTRATE JUDGE
27
28