even stipulated 11 protective orders require good cause showing
How later courts described this case
- even stipulated 11 protective orders require good cause showing
Written by the judges who cited it.
The opinion
1 Kevin M. Loew (SBN 238080)
kloew@waterskraus.com
2 Susan M. Ulrich (SBN 302253)
sulrich@waterskraus.com
3 Nicole R. Poursalimi (SBN 248440)
npoursalimi@waterskraus.com
4 WATERS KRAUS PAUL & SIEGEL
11601 Wilshire Boulevard, Suite 1900
5 Los Angeles, CA 90025
Telephone: (310) 414-8146
6 Facsimile: (310) 414-8156
7 Attorneys for Plaintiff
John DM Doe
8
Rick Richmond (SBN 194962)
9 rrichmond@larsonllp.com
Andrew E. Calderón (SBN 316673)
10 acalderon@larsonllp.com
Tyler J. Franklin (SBN 324281)
11 tfranklin@larsonllp.com
LARSON LLP
12 555 South Flower Street, 30th Floor
Los Angeles, California 90071
13 Telephone:(213) 436-4888
Facsimile: (213) 623-2000
14
Attorneys for Defendants The Church of
15 Jesus Christ of Latter-day Saints and
Temple Corporation of The Church of
16 Jesus Christ of Latter-day Saints
17 UNITED STATES DISTRICT COURT
18 CENTRAL DISTRICT OF CALIFORNIA
19 JOHN DM DOE, Case No. 2:24-cv-11053-SB (SSCx)
20 Plaintiff, Judge: Hon. Stanley Blumenfeld, Jr.
21 vs. [Discovery Document: Referred to
Magistrate Judge Stephanie S. Christensen]
22 THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, a nonprofit [PROPOSED] STIPULATED
23 corporation; TEMPLE PROTECTIVE ORDER
CORPORATION OF THE CHURCH
24 OF JESUS CHRIST OF LATTER-DAY Trial Date: None Set
SAINTS, nonprofit corporation; THE
25 LONG BEACH CALIFORNIA EAST
STAKE, also know as THE CHURCH
26 OF JESUS CHRIST OF LATTER-DAY
SAINTS, an entity of unknown form;
27 and DOES 1 to 100 inclusive,
1 1. INTRODUCTION
2 1.1 Purposes and Limitations. Discovery in this action is likely to involve
3 production of confidential, proprietary, or private information for which special
4 protection from public disclosure and from use for any purpose other than
5 prosecuting this litigation may be warranted. Accordingly, the parties hereby
6 stipulate to and petition the court to enter the following Stipulated Protective Order.
7 The parties acknowledge that this Order does not confer blanket protections on all
8 disclosures or responses to discovery and that the protection it affords from public
9 disclosure and use extends only to the limited information or items that are entitled
10 to confidential treatment under the applicable legal principles.
11 1.2 Good Cause Statement.
12 This Action arises from allegations of childhood sexual abuse and is likely to
13 involve medical records, psychiatric records, confidential church membership
14 records, and other private information implicating the privacy rights of third parties
15 for which special protection from public disclosure and from use for any purpose
16 other than prosecution of this action is warranted. Accordingly, to expedite the flow
17 of information, to facilitate the prompt resolution of disputes over confidentiality of
18 discovery materials, to adequately protect information the parties are entitled to keep
19 confidential, to ensure that the parties are permitted reasonable necessary uses of
20 such material in preparation for and in the conduct of trial, to address their handling
21 at the end of the litigation, and serve the ends of justice, a protective order for such
22 information is justified in this matter. It is the intent of the parties that information
23 will not be designated as confidential for tactical reasons and that nothing be so
24 designated without a good faith belief that it has been maintained in a confidential,
25 non-public manner, and there is good cause why it should not be part of the public
26 record of this case.
27 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties
1 Protective Order does not entitle them to file confidential information under seal;
2 Local Rule 79-5 sets forth the procedures that must be followed and the standards
3 that will be applied when a party seeks permission from the court to file material
4 under seal.
5 There is a strong presumption that the public has a right of access to judicial
6 proceedings and records in civil cases. In connection with non-dispositive motions,
7 good cause must be shown to support a filing under seal. See Kamakana v. City
8 and Cnty. of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of
9 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Makar-
10 Welbon v. Sony Elecs., Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated
11 protective orders require good cause showing), and a specific showing of good
12 cause or compelling reasons with proper evidentiary support and legal justification,
13 must be made with respect to Protected Material that a party seeks to file under
14 seal. The parties’ mere designation of Disclosure or Discovery Material as
15 CONFIDENTIAL does not—without the submission of competent evidence by
16 declaration, establishing that the material sought to be filed under seal qualifies as
17 confidential, privileged, or otherwise protectable—constitute good cause.
18 Further, if a party requests sealing related to a dispositive motion or trial,
19 then compelling reasons, not only good cause, for the sealing must be shown, and
20 the relief sought shall be narrowly tailored to serve the specific interest to be
21 protected. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir.
22 2010). For each item or type of information, document, or thing sought to be filed
23 or introduced under seal in connection with a dispositive motion or trial, the party
24 seeking protection must articulate compelling reasons, supported by specific facts
25 and legal justification, for the requested sealing order. Again, competent evidence
26 supporting the application to file documents under seal must be provided by
27 declaration.
1 Any document that is not confidential, privileged, or otherwise protectable in
2 its entirety will not be filed under seal if the confidential portions can be redacted.
3 If documents can be redacted, then a redacted version for public viewing, omitting
4 only the confidential, privileged, or otherwise protectable portions of the document,
5 shall be filed. Any application that seeks to file documents under seal in their
6 entirety should include an explanation of why redaction is not feasible.
7 2. DEFINITIONS
8 2.1 Action: John DM Doe v. Church of Jesus Christ of Latter-day Saints, et
9 al, No. 2:24-cv-11053-SB (SSCx)
10 2.2 Challenging Party: a Party or Non-Party that challenges the designation
11 of information or items under this Order.
12 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
13 how it is generated, stored or maintained) or tangible things that qualify for
14 protection under Rule 26(c) of the Federal Rules of Civil Procedure, and as specified
15 above in the Good Cause Statement.
16 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as
17 their support staff).
18 2.5 Designating Party: a Party or Non-Party that designates information or
19 items that it produces in disclosures or in responses to discovery as
20 “CONFIDENTIAL.”
21 2.6 Disclosure or Discovery Material: all items or information, regardless
22 of the medium or manner in which it is generated, stored, or maintained (including,
23 among other things, testimony, transcripts, and tangible things), that are produced or
24 generated in disclosures or responses to discovery in this matter.
25 2.7 Expert: a person with specialized knowledge or experience in a matter
26 pertinent to the litigation who has been retained by a Party or its counsel to serve as
27 an expert witness or as a consultant in this Action.
1 in this Action, with or without prejudice; and (2) final judgment herein after the
2 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
3 this Action, including the time limits for filing any motions or applications for
4 extension of time pursuant to applicable law.
5 2.9 In-House Counsel: attorneys who are employees of a party to this
6 Action, and, for purposes of Defendants, attorneys from Kirton McConkie and their
7 staff. In-House Counsel does not include Outside Counsel of Record or any other
8 outside counsel.
9 2.10 Non-Party: any natural person, partnership, corporation, association, or
10 other legal entity not named as a Party to this action.
11 2.11 Outside Counsel of Record: attorneys who are not employees of a party
12 to this Action but are retained to represent or advise a party to this Action and have
13 appeared in this Action on behalf of that party or are affiliated with a law firm which
14 has appeared on behalf of that party, and includes support staff.
15 2.12 Party: any party to this Action, including all of its officers, directors,
16 employees, consultants, retained experts, and Outside Counsel of Record (and their
17 support staffs).
18 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
19 Discovery Material in this Action.
20 2.14 Professional Vendors: persons or entities that provide litigation-
21 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
22 demonstrations, and organizing, storing, or retrieving data in any form or medium)
23 and their employees and subcontractors.
24 2.15 Protected Material: any Disclosure or Discovery Material that is
25 designated as “CONFIDENTIAL.”
26 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
27 from a Producing Party.
1 3. SCOPE
2 The protections conferred by this Stipulation and Order cover not only
3 Protected Material (as defined above), but also (1) any information copied or
4 extracted from Protected Material; (2) all copies, excerpts, summaries, or
5 compilations of Protected Material; and (3) any testimony, conversations, or
6 presentations by Parties or their Counsel that might reveal Protected Material.
7 Any use of Protected Material at trial shall be governed by the orders of the
8 trial judge. This Stipulated Protective Order does not govern the use of Protected
9 Material at trial.
10 4. TRIAL AND DURATION
11 The terms of this Stipulated Protective Order apply through Final Disposition
12 of the Action.
13 Once a case proceeds to trial, information that was designated as
14 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and
15 used or introduced as an exhibit at trial becomes public and will be presumptively
16 available to all members of the public, including the press, unless compelling
17 reasons supported by specific factual findings to proceed otherwise are made to the
18 trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180–81
19 (distinguishing “good cause” showing for sealing documents produced in discovery
20 from “compelling reasons” standard when merits-related documents are part of
21 court record). Accordingly, for such materials, the terms of this Stipulated
22 Protective Order do not extend beyond the commencement of the trial.
23 Even after Final Disposition of this litigation, the confidentiality obligations
24 imposed by this Stipulated Protective Order shall remain in effect until a
25 Designating Party agrees otherwise in writing or a court order otherwise directs.
26 5. DESIGNATING PROTECTED MATERIAL
27 5.1 Exercise of Restraint and Care in Designating Material for
1 protection under this Order must take care to limit any such designation to
2 specific material that qualifies under the appropriate standards. The
3 Designating Party must designate for protection only those parts of material,
4 documents, items, or oral or written communications that qualify so that other
5 portions of the material, documents, items, or communications for which
6 protection is not warranted are not swept unjustifiably within the ambit of this
7 Order.
8 Mass, indiscriminate, or routinized designations are prohibited. Designations
9 that are shown to be clearly unjustified or that have been made for an improper
10 purpose (e.g., to unnecessarily encumber the case development process or to
11 impose unnecessary expenses and burdens on other parties) may expose the
12 Designating Party to sanctions.
13 If it comes to a Designating Party’s attention that information or items that it
14 designated for protection do not qualify for protection, that Designating Party must
15 promptly notify all other Parties that it is withdrawing the inapplicable designation.
16 5.2 Manner and Timing of Designations. Except as otherwise
17 provided in this Stipulated Protective Order (see, e.g., second paragraph of
18 section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or
19 Discovery Material that qualifies for protection under this Stipulated
20 Protective Order must be clearly so designated before the material is disclosed
21 or produced.
22 Designation in conformity with this Stipulated Protective Order requires:
23 (a) for information in documentary form (e.g., paper or electronic
24 documents, but excluding transcripts of depositions or other pretrial or trial
25 proceedings), that the Producing Party affix at a minimum, the legend
26 “CONFIDENTIAL” to each page that contains protected material. If only a
27 portion or portions of the material on a page qualifies for protection, the Producing
1 appropriate markings in the margins).
2 A Party or Non-Party that makes original documents available for inspection
3 need not designate them for protection until after the inspecting Party has indicated
4 which documents it would like copied and produced. During the inspection and
5 before the designation, all of the material made available for inspection shall be
6 deemed CONFIDENTIAL. After the inspecting Party has identified the documents
7 it wants copied and produced, the Producing Party must determine which
8 documents, or portions thereof, qualify for protection under this Stipulated
9 Protective Order. Then, before producing the specified documents, the Producing
10 Party must affix the “CONFIDENTIAL” legend to each page that contains
11 Protected Material. If only a portion or portions of the material on a page qualifies
12 for protection, the Producing Party also must clearly identify the protected
13 portion(s) (e.g., by making appropriate markings in the margins).
14 (b) for testimony given in depositions that the Designating Party identify
15 the Disclosure or Discovery Material on the record, before the close of the
16 deposition all protected testimony.
17 (c) for information produced in some form other than documentary and
18 for any other tangible items, that the Producing Party affix in a prominent place on
19 the exterior of the container or containers in which the information is stored the
20 “CONFIDENTIAL” legend. If only a portion or portions of the information
21 warrants protection, the Producing Party, to the extent practicable, shall identify the
22 protected portion(s).
23 5.3 Inadvertent Failures to Designate. If timely corrected, an
24 inadvertent failure to designate qualified information or items does not,
25 standing alone, waive the Designating Party’s right to secure protection under
26 this Order for such material. Upon timely correction of a designation, the
27 Receiving Party must make reasonable efforts to assure that the material is
1 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
2 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
3 designation of confidentiality at any time that is consistent with the court’s
4 Scheduling Order.
5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
6 resolution process under Local Rule 37.1 et seq. and with Section 2 of Judge
7 Christensen’s Civil Procedures titled “Brief Pre-Discovery Motion Conference.”1
8 6.3 The burden of persuasion in any such challenge proceeding shall be on
9 the Designating Party. Frivolous challenges, and those made for an improper
10 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
11 parties) may expose the Challenging Party to sanctions. Unless the Designating
12 Party has waived or withdrawn the confidentiality designation, all parties shall
13 continue to afford the material in question the level of protection to which it is
14 entitled under the Producing Party’s designation until the court rules on the
15 challenge.
16 7. ACCESS TO AND USE OF PROTECTED MATERIAL
17 7.1 Basic Principles. A Receiving Party may use Protected Material that
18 is disclosed or produced by another Party or by a Non-Party in connection with this
19 Action only for prosecuting, defending, or attempting to settle this Action. Such
20 Protected Material may be disclosed only to the categories of persons and under the
21 conditions described in this Order. When the Action reaches a Final Disposition, a
22 Receiving Party must comply with the provisions of section 13 below.
23 Protected Material must be stored and maintained by a Receiving Party at a
24 location and in a secure manner that ensures that access is limited to the persons
25 authorized under this Stipulated Protective Order.
26
27 1 Judge Christensen’s Procedures are available at
https://www.cacd.uscourts.gov/honorable-stephanie-s-christensen.
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:
5 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as
6 well as employees of said Outside Counsel of Record to whom it is reasonably
7 necessary to disclose the information for this Action;
8 (b) to the officers, directors, and employees (including House Counsel) of
9 the Receiving Party to whom disclosure is reasonably necessary for this Action;
10 (c) to Experts (as defined in this Order) of the Receiving Party to whom
11 disclosure is reasonably necessary for this Action and who have signed the
12 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
13 (d) to the court and its personnel;
14 (e) to court reporters and their staff;
15 (f) to professional jury or trial consultants, mock jurors, and Professional
16 Vendors to whom disclosure is reasonably necessary for this Action and who have
17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
18 (g) to the author or recipient of a document containing the information or
19 a custodian or other person who otherwise possessed or knew the information;
20 (h) during their depositions, to witnesses, and attorneys for witnesses, in
21 the Action to whom disclosure is reasonably necessary, provided: (1) the deposing
22 party requests that the witness sign the “Acknowledgment and Agreement to Be
23 Bound” (Exhibit A); and (2) the witness will not be permitted to keep any
24 confidential information unless they sign the “Acknowledgment and Agreement to
25 Be Bound” (Exhibit A), unless otherwise agreed by the Designating Party or
26 ordered by the court. Pages of transcribed deposition testimony or exhibits to
27 depositions that reveal Protected Material may be separately bound by the court
1 Stipulated Protective Order; and
2 (i) to any mediator or settlement officer, and their supporting personnel,
3 mutually agreed upon by any of the parties engaged in settlement discussions.
4 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
5 PRODUCED IN OTHER LITIGATION
6 If a Party is served with a subpoena or a court order issued in other litigation
7 that compels disclosure of any information or items designated in this Action as
8 “CONFIDENTIAL,” that Party must:
9 (a) promptly notify in writing the Designating Party. Such notification
10 shall include a copy of the subpoena or court order;
11 (b) promptly notify in writing the party who caused the subpoena or order
12 to issue in the other litigation that some or all of the material covered by the
13 subpoena or order is subject to this Protective Order. Such notification shall include
14 a copy of this Stipulated Protective Order; and
15 (c) cooperate with respect to all reasonable procedures sought to be
16 pursued by the Designating Party whose Protected Material may be affected.
17 If the Designating Party timely seeks a protective order, the Party served
18 with the subpoena or court order shall not produce any information designated in
19 this action as “CONFIDENTIAL” before a determination by the court from which
20 the subpoena or order issued, unless the Party has obtained the Designating Party’s
21 permission. The Designating Party shall bear the burden and expense of seeking
22 protection in that court of its confidential material and nothing in these provisions
23 should be construed as authorizing or encouraging a Receiving Party in this Action
24 to disobey a lawful directive from another court.
25 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
26 PRODUCED IN THIS LITIGATION
27 9.1 Application. The terms of this Stipulated Protective Order are
1 designated as “CONFIDENTIAL.” Such information produced by Non-
2 Parties in connection with this litigation is protected by the remedies and
3 relief provided by this Order. Nothing in these provisions should be
4 construed as prohibiting a Non-Party from seeking additional protections.
5 9.2 Notification. In the event that a Party is required, by a valid
6 discovery request, to produce a Non-Party’s confidential information in its
7 possession, and the Party is subject to an agreement with the Non-Party not
8 to produce the Non-Party’s confidential information, then the Party shall:
9 (a) promptly notify in writing the Requesting Party and the
10 Non-Party that some or all of the information requested is subject to a
11 confidentiality agreement with a Non-Party;
12 (b) make the information requested available for inspection
13 by the Non-Party, if requested.
14 9.3 Conditions of Production. If the Non-Party fails to seek a
15 protective order from this court within 14 days of receiving the notice and
16 accompanying information, the Receiving Party may produce the Non-Party’s
17 confidential information responsive to the discovery request. If the Non-Party
18 timely seeks a protective order, the Receiving Party shall not produce any
19 information in its possession or control that is subject to the confidentiality
20 agreement with the Non-Party before a determination by the court. Absent a
21 court order to the contrary, the Non-Party shall bear the burden and expense
22 of seeking protection in this court of its Protected Material.
23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
24 If a Receiving Party learns that, by inadvertence or otherwise, it has
25 disclosed Protected Material to any person or in any circumstance not authorized
26 under this Stipulated Protective Order, the Receiving Party must immediately (a)
27 notify in writing the Designating Party of the unauthorized disclosures, (b) use its
1 the person or persons to whom unauthorized disclosures were made of all the terms
2 of this Order, and (d) request such person or persons to execute the
3 “Acknowledgment and Agreement to Be Bound” (Exhibit A).
4 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5 PROTECTED MATERIAL
6 When a Producing Party gives notice to Receiving Parties that certain
7 inadvertently produced material is subject to a claim of privilege or other
8 protection, the obligations of the Receiving Parties are those set forth in Rule
9 26(b)(5)(B) of the Federal Rules of Civil Procedure. This provision is not intended
10 to modify whatever procedure may be established in an e-discovery order that
11 provides for production without prior privilege review. Pursuant to Rules 502(d)
12 and (e) of the Federal Rules of Evidence, insofar as the parties reach an agreement
13 on the effect of disclosure of a communication or information covered by the
14 attorney-client privilege or work product protection, the parties may incorporate
15 their agreement in the stipulated protective order submitted to the court.
16 12. MISCELLANEOUS
17 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order
18 abridges the right of any person to seek its modification by the court in the future.
19 12.2 Right to Assert Other Objections. By stipulating to the entry of this
20 Stipulated Protective Order no Party waives any right it otherwise would have to
21 object to disclosing or producing any information or item on any ground not
22 addressed in this Stipulated Protective Order. Similarly, no Party waives any right
23 to object on any ground to use in evidence of any of the material covered by this
24 Stipulated Protective Order.
25 12.3 Filing Protected Material. A Party that seeks to file under seal any
26 Protected Material must comply with Local Rule 79-5. Protected Material may
27 only be filed under seal pursuant to a court order authorizing the sealing of the
1 under seal is denied by the court, then the Receiving Party may file the information
2 in the public record unless otherwise instructed by the court.
3 13. FINAL DISPOSITION
4 After the Final Disposition of this Action, as defined in paragraph 4, within
5 60 days of a written request by the Designating Party, each Receiving Party must
6 return all Protected Material to the Producing Party or destroy such material. As
7 used in this subdivision, “all Protected Material” includes all copies, abstracts,
8 compilations, summaries, and any other format reproducing or capturing any of the
9 Protected Material. Whether the Protected Material is returned or destroyed, the
10 Receiving Party must submit a written certification to the Producing Party (and, if
11 not the same person or entity, to the Designating Party) by the 60 day deadline that
12 (1) identifies (by category, where appropriate) all the Protected Material that was
13 returned or destroyed and (2) affirms that the Receiving Party has not retained any
14 copies, abstracts, compilations, summaries or any other format reproducing or
15 capturing any of the Protected Material. Notwithstanding this provision, Counsel is
16 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
17 and hearing transcripts, legal memoranda, correspondence, deposition and trial
18 exhibits, expert reports, attorney work product, and consultant and expert work
19 product, even if such materials contain Protected Material. Any such archival
20 copies that contain or constitute Protected Material remain subject to this Protective
21 Order as set forth in Section 4.
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
1}}14. VIOLATION
2 Any violation of this Stipulated Protective Order may be punished by any
3 || and all appropriate measures including, without limitation, contempt proceedings
4 || and/or monetary sanctions.
5|}IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6 || Dated: February 7, 2025 WATERS KRAUS PAUL & SIEGEL
7
8
Kevin M. Loew
10 Susan M. Ulrich
11 Nicole R. Poursalimi
1D Attorneys for Plaintiff John DM Doe
13
14 Dated: February 13, 2025 LARSON LLP
15
16 By: Wad y hf f
17 Rick Richmond
18 Andrew E. Calderon
Tyler J. Franklin
19 Attorneys for Defendants The Church of
20 Jesus Christ of Latter-day Saints and
Temple Corporation of The Church of
21 Jesus Christ of Latter-day Saints
22
23
IT IS SO ORDERED.
24
L—
DATED: February 14, 2025
26 STEPHANIE S. CHRISTENSEN
17 UNITED STATES MAGISTRATE JUDGE
28