The opinion
1 ROB BONTA, State Bar No. 202668 GGLLEENNNN AAGGRREE BBEERRGGMMAANN &&
Attorney General of California FFUUEENNTTEESS LLLLPP
2 ALICIA A. BOWER, State Bar No. 287799 LLYYNN RR.. AAGGRREE ((CCAASSBBNN 117788221188))
Supervising Deputy Attorney General BBUURRKKEE SSTTRRUUNNSSKKYY ((CCAASSBBNN
3 JENNIFER BURNS, State Bar No. 312364 220033558822))
Deputy Attorney General 558800 CCaalliiffoorrnniiaa SSttrreeeett,, SSuuiittee 11442200
4 1300 I Street, Suite 125 SSaann FFrraanncciissccoo,, CCAA 9944110044
P.O. Box 944255 TTeelleepphhoonnee:: ((441155)) 559999--00888800
5 Sacramento, CA 94244-2550 llaaggrree@@gglleennaaggrree..ccoomm
Telephone: (916) 210-6393 bbssttrruunnsskkyy@@gglleennaaggrree..ccoomm
6 Fax: (916) 324-5205
E-mail: Jennifer.Burns@doj.ca.gov AAttttoorrnneeyyss ffoorr PPllaaiinnttiiffff
7 Attorneys for Defendants
California Department of Corrections and
8 Rehabilitation, State of California, and J. Solorio
9 IN THE UNITED STATES DISTRICT COURT
10 FOR THE EASTERN DISTRICT OF CALIFORNIA
11 FRESNO DIVISION
12
13
NICOLE DOE, Case No. 1:24-cv-01382-JLT-BAM
14
Plaintiff, [PROPOSED] STIPULATED
15 PROTECTIVE ORDER
v.
16 Judge: Hon. Barbara A. McAuliffe
Trial Date: Not Set
17 STATE OF CALIFORNIA, et al., Action Filed: November 12, 2024
18 Defendants.
19
20 I. PURPOSES AND LIMITATIONS
21 Plaintiff Nicole Doe and Defendants State of California, California Department of
22 Corrections and Rehabilitation, and J. Solorio (“the Parties”) stipulate to the entry of a protective
23 order to facilitate the exchange of information to further evaluate Plaintiff’s claims and for the
24 parties to determine whether this matter may be appropriate for early ADR.1 Additionally,
25 disclosure and discovery activity in this action are likely to involve production of confidential,
26 proprietary, or private information for which special protection from public disclosure and from
27 use for any purpose other than prosecuting this litigation may be warranted.
28 1 The undersigned counsel does not represent Defendant Rodriguez.
1 The material anticipated to be exchanged under this protective order includes confidential
2 information or materials related to Plaintiff’s allegations and claims in this matter, including, but
3 not limited to: (1) investigation files; (2) confidential prison records; (3) medical records; and (4)
4 personal identifying information of the parties including the identity of Nicole Doe. In addition,
5 the materials anticipated to be exchanged, if revealed publicly, could compromise future
6 investigations or prevention of criminal activity as investigative methods, practices, or procedures
7 could be revealed. Moreover, redaction of non-party names and matters pertaining to non-parties
8 is necessary to protect their privacy and prevent embarrassment due to the sensitive nature of the
9 investigation (alleged sexual assaults, sexual harassment, and sexual misconduct). Accordingly, a
10 protective order is necessary for the following reasons: (1) to protect confidential information; (2)
11 to protect the privacy of correctional staff and Plaintiff and other inmates with regard to portions
12 of their prison records that are not relevant to the incident at issue; (3) to protect Plaintiff’s patient
13 privacy and HIPAA-protected health information; and (4) to protect the safety and security
14 interests of CDCR and inmates and in not having the materials misused, misinterpreted, or
15 manipulated by the general public.
16 This protective order is without prejudice to any objections that may be raised by the parties
17 or other protective orders the Court or parties deem necessary or request, should this case proceed
18 to formal discovery.
19 Accordingly, the parties hereby stipulate and petition the court to enter the following
20 Stipulated Protective Order. This protective order does not confer blanket protections on all
21 disclosures or responses to discovery and the protection it affords from public disclosure and use
22 extends only to the limited information or items that are entitled to confidential treatment under
23 the applicable legal principles. The parties further acknowledge, as set forth in E.D. Cal. Civ.
24 L.R. 141.1, that this protective order does not entitle them to file confidential information under
25 seal and that E.D. Cal. Civ. L.R. 141 sets forth the procedures that must be followed and the
26 standards that will be applied when a party seeks permission from the court to file material under
27 seal.
28 / / /
1 2. DEFINITIONS
2 2.1 Challenging Party: a Party or Non-Party that challenges the designation of
3 information or items under this order.
4 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
5 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
6 of Civil Procedure 26(c).
7 2.3 Counsel: Counsel of Record for the parties and CDCR Office of Legal Affairs (OLA)
8 attorneys, including their supervisors, as well as their support staff.
9 2.4 Designating Party: a Party or Non-Party that designates information or items that it
10 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
12 2.5 Disclosure or Discovery Material: all items or information, regardless of the medium
13 or manner in which it is generated, stored, or maintained (including, among other things,
14 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
15 responses to discovery in this matter.
16 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the
17 litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a
18 consultant in this action, (2) is not a past or current employee of a Party or of a Party’s
19 competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party
20 or of a Party’s competitor.
21 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:
22 extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or
23 Non-Party would create a substantial risk of serious harm, cause embarrassment to a non-party, or
24 invade the privacy of a non –party, that could not be avoided by less restrictive means.
25 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal
26 entity not named as a Party to this action.
27 2.9 Party: any party to this action, including all of its officers, directors, employees,
28 consultants, retained experts, and Counsel (and their support staffs).
1 2.10 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
2 Material in this action.
3 2.11 Professional Vendors: persons or entities that provide litigation support services (e.g.,
4 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,
5 storing, or retrieving data in any form or medium) and their employees and subcontractors.
6 2.12 Protected Material: any Disclosure or Discovery Material that is designated as
7 “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
8 2.13 Receiving Party: a Party that receives Disclosure or Discovery Material from a
9 Producing Party.
10 3. SCOPE
11 The protections conferred by this order cover not only Protected Material (as defined
12 above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
13 excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations,
14 or presentations by Parties or their Counsel that might reveal Protected Material. However, the
15 protections conferred by this order do not cover the following information: (a) any information
16 that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the
17 public domain after its disclosure to a Receiving Party as a result of publication not involving a
18 violation of this order, including becoming part of the public record through trial or otherwise;
19 and (b) any information known to the Receiving Party prior to the disclosure or obtained by the
20 Receiving Party after the disclosure from a source who obtained the information lawfully and
21 under no obligation of confidentiality to the Designating Party. Protected material includes
22 documents identified as “Confidential” or “Highly Confidential” prior to the date of executing
23 this protective order. Any use of Protected Material at trial shall be governed by a separate
24 agreement or order.
25 4. DURATION
26 Even after final disposition of this litigation, the confidentiality obligations imposed by this
27 order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
28 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
1 and defenses in this action, with or without prejudice; and (2) final judgment herein after the
2 completion and exhaustion of all appeals, re-hearings, remands, trials, or reviews of this action,
3 including the time limits for filing any motions or applications for extension of time pursuant to
4 applicable law.
5 5. DESIGNATING PROTECTED MATERIAL
6 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or
7 Non-Party that designates information or items for protection under this order must take care to
8 limit any such designation to specific material that qualifies under the appropriate standards. To
9 the extent it is practical to do so, the Designating Party must designate for protection only those
10 parts of material, documents, items, or oral or written communications that qualify – so that other
11 portions of the material, documents, items, or communications for which protection is not
12 warranted are not swept unjustifiably within the ambit of this order.
13 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
14 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
15 unnecessarily encumber or retard the case development process or to impose unnecessary
16 expenses and burdens on other parties) expose the Designating Party to sanctions.
17 If it comes to a Designating Party’s attention that information or items that it designated for
18 protection do not qualify for protection at all or do not qualify for the level of protection initially
19 asserted, that Designating Party must promptly notify all other parties that it is withdrawing the
20 mistaken designation.
21 5.2 Manner and Timing of Designations. Except as otherwise provided in this order, or
22 as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
23 under this order must be clearly so designated before or at the time the material is disclosed or
24 produced. Designation in conformity with this order requires:
25 (a) for information in documentary form (e.g., paper or electronic documents, but
26 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
27 Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
28 EYES ONLY” to each page that contains protected material. If only a portion or portions of the
1 material on a page qualifies for protection, the Producing Party also must clearly identify the
2 protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for
3 each portion, the level of protection being asserted.
4 A Party or Non-Party that makes original documents or materials available for
5 inspection need not designate them for protection until after the inspecting Party has indicated
6 which material it would like copied and produced. During the inspection and before the
7 designation, all of the material made available for inspection shall be deemed “HIGHLY
8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the
9 documents it wants copied and produced, the Producing Party must determine which documents,
10 or portions thereof, qualify for protection under this order. Then, before producing the specified
11 documents, the Producing Party must affix the appropriate legend (“CONFIDENTIAL” or
12 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that contains
13 Protected Material. If only a portion or portions of the material on a page qualifies for protection,
14 the Producing Party also must clearly identify the protected portion(s) (e.g., by making
15 appropriate markings in the margins) and must specify, for each portion, the level of protection
16 being asserted.
17 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the
18 Designating Party identify on the record, before the close of the deposition, hearing, or other
19 proceeding, all protected testimony and specify the level of protection being asserted. When it is
20 impractical to identify separately each portion of testimony that is entitled to protection and it
21 appears that substantial portions of the testimony may qualify for protection, the Designating
22 Party may invoke on the record (before the deposition, hearing, or other proceeding is concluded)
23 a right to have up to 21 days after receiving a rough transcript of the deposition, to identify the
24 specific portions of the testimony as to which protection is sought and to specify the level of
25 protection being asserted. Only those portions of the testimony that are appropriately designated
26 for protection within the 21 days shall be covered by the provisions of this protective order.
27 (c) for information produced in some form other than documentary and for any other
28 tangible items, that the Producing Party affix in a prominent place on the exterior of the container
1 or containers in which the information or item is stored the legend “CONFIDENTIAL” or
2 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Electronic files may be
3 designated in such a way as to clearly indicate to the Receiving Party that they are
4 CONFIDENTIAL or HIGHLY CONFIDENTIAL ATTORNEYS’ EYES ONLY.
5 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
6 designate qualified information or items does not, standing alone, waive the Designating Party’s
7 right to secure protection under this order for such material. Upon timely correction of a
8 designation, the Receiving Party must make reasonable efforts to assure that the material is
9 treated in accordance with the provisions of this order.
10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
12 confidentiality, including designations as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
13 ATTORNEYS’ EYES ONLY” or redactions of material from documents as provided in this
14 order.
15 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
16 by providing written notice of each designation or redaction it is challenging and describing the
17 basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the
18 written notice must recite that the challenge to confidentiality is being made in accordance with
19 this specific paragraph of the protective order. The parties shall attempt to resolve each challenge
20 in good faith and must begin the process by conferring directly (in voice-to-voice dialogue; other
21 forms of communication are not sufficient) within 14 days of the date of service of notice. In
22 conferring, the Challenging Party must explain the basis for its belief that the confidentiality
23 designation was not proper and must give the Designating Party an opportunity to review the
24 designated material, to reconsider the circumstances, and, if no change in designation or redaction
25 is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to
26 the next stage of the challenge process only if it has engaged in this meet and confer process first
27 or establishes that the Designating Party is unwilling to participate in the meet and confer process
28 in a timely manner.
1 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
2 intervention, the Designating Party shall file and serve a motion to retain confidentiality within 21
3 days of the parties agreeing in writing that the meet and confer process will not resolve their
4 dispute. Each such motion must be accompanied by a competent declaration affirming that the
5 movant has complied with the meet and confer requirements imposed in the preceding paragraph.
6 The parties may agree to extend the time to file a motion. Failure by the Designating Party to
7 make such a motion including the required declaration within the time specified shall
8 automatically waive the confidentiality designation for each challenged designation; however, the
9 Designating Party can be relieved of any such waiver by the Court for good cause shown. In
10 addition, the Challenging Party may file a motion challenging a confidentiality designation within
11 twenty-one days of the parties agreeing in writing that the meet and confer process will not
12 resolve their dispute, including a challenge to the designation of a deposition transcript or any
13 portions thereof. Any motion brought pursuant to this provision must be accompanied by a
14 competent declaration affirming that the movant has complied with the meet and confer
15 requirements imposed by the preceding paragraph.
16 The burden of persuasion in any such challenge proceeding shall be on the Designating
17 Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose
18 unnecessary expenses and burdens on other parties) may expose the Challenging Party to
19 sanctions. All parties shall continue to afford the material in question the level of protection to
20 which it is entitled under the Producing Party’s designation until the court rules on the challenge.
21 7. ACCESS TO AND USE OF PROTECTED MATERIAL
22 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or
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
25 to the categories of persons and under the conditions described in this order. When the litigation
26 has been terminated, a Receiving Party must comply with the provisions of section 13 below
27 (FINAL DISPOSITION).
28 ///
1 Protected Material must be stored and maintained by a Receiving Party at a location and in
2 a 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
4 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any
5 information or item designated “CONFIDENTIAL” in this case only to:
6 (a) Plaintiff in this case, the Receiving Party’s Counsel in this action, as well as
7 employees of said Counsel to whom it is reasonably necessary to disclose the information for this
8 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is
9 attached hereto as Exhibit A;
10 (b) the officers, directors, and employees of the Receiving Party, including employees
11 of the Office of Internal Affairs, to whom disclosure is reasonably necessary for this litigation and
12 who have signed the;
13 (c) Experts (as defined in this order) of the Receiving Party to whom disclosure is
14 reasonably necessary for this litigation and who have signed the “Acknowledgment and
15 Agreement to Be Bound” (Exhibit A);
16 (d) the court and its personnel;
17 (e) court reporters and their staff, professional jury or trial consultants, and
18 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (f) during their depositions, witnesses and attorneys for witnesses, in the action to
21 whom disclosure is reasonably necessary provided: (1) the deposing party requests that the
22 witness sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
23 agreed by the Designating Party or ordered by the court; and (2) they will not be permitted to
24 keep any confidential information unless they sign the “Acknowledgement and Agreement to Be
25 Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court.
26 Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material
27 must be separately bound by the court reporter and may not be disclosed to anyone except as
28 permitted under this protective order.
1 (g) the author or recipient of a document containing the information or a custodian or
2 other person who otherwise possessed or knew the information.
3 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
4 Information or Items. Unless otherwise ordered by the court or permitted in writing by the
5 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
6 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
7 (a) the Receiving Party’s Counsel in this action, as well as employees of said Counsel
8 to whom it is reasonably necessary to disclose the information for this litigation and who have
9 signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A;
10 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for
11 this litigation, and (2) who have signed the “Acknowledgment and Agreement to Be Bound”
12 (Exhibit A);
13 (c) the court and its personnel;
14 (d) court reporters and their staff, professional jury or trial consultants, and
15 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have
16 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and
17 (e) the author or recipient of a document containing the information or a custodian or
18 other person who otherwise possessed or knew the information.
19 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
20 OTHER LITIGATION
21 If a Party is served with a subpoena or a court order issued in other litigation that compels
22 disclosure of any information or items designated in this action as “CONFIDENTIAL” or
23 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”:
24 (a) promptly notify in writing the Designating Party. Such notification shall include a
25 copy of the subpoena or court order;
26 (b) promptly notify in writing the party who caused the subpoena or order to issue in
27 the other litigation that some or all of the material covered by the subpoena or order is subject to
28 this protective order. Such notification shall include a copy of this protective order; and
1 (c) cooperate with respect to all reasonable procedures sought to be pursued by the
2 Designating Party whose Protected Material may be affected.
3 If the Designating Party timely seeks a protective order, the Party served with the subpoena
4 or court order shall not produce any information designated in this action as “CONFIDENTIAL”
5 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the
6 court from which the subpoena or order issued, unless the Party has obtained the Designating
7 Party’s permission. The Designating Party shall bear the burden and expense of seeking
8 protection in that court of its confidential material – and nothing in these provisions should be
9 construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful
10 directive from another court.
11 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
12 IN THIS LITIGATION
13 (a) The terms of this order are applicable to information produced by a Non-Party in this
14 action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
15 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is
16 protected by the remedies and relief provided by this order. Nothing in these provisions should
17 be construed as prohibiting a Non-Party from seeking additional protections.
18 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-
19 Party’s confidential information in its possession, and the Party is subject to an agreement with
20 the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
21 1. promptly notify in writing the Requesting Party and the Non-Party that some or
22 all of the information requested is subject to a confidentiality agreement with a Non-Party;
23 2. promptly provide the Non-Party with a copy of the protective order in this
24 litigation, the relevant discovery request(s), and a reasonably specific description of the
25 information requested; and
26 3. make the information requested available for inspection by the Non-Party.
27 (c) If the Non-Party fails to object or seek a protective order from this court within 14
28 days of receiving the notice and accompanying information, the Receiving Party may produce the
1 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely
2 seeks a protective order, the Receiving Party shall not produce any information in its possession
3 or control that is subject to the confidentiality agreement with the Non-Party before a
4 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the
5 burden and expense of seeking protection in this court of its Protected Material.
6 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
7 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
8 Material to any person or in any circumstance not authorized under this protective order, the
9 Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
10 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material,
11 (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of
12 this order, and (d) request such person or persons to execute the “Acknowledgment and
13 Agreement to Be Bound” that is attached hereto as Exhibit A. The notification to the Designating
14 Party must include a detailed description of how the inadvertent disclosure occurred. Designating
15 Party has the right to seek sanctions, if appropriate, at any time against the Receiving Party for
16 inadvertent disclosure, which may include a request for an order to return all Protected Material
17 and prohibit any further use by the Receiving Party. Moreover, nothing in this order shall either
18 confer liability, or relieve the Receiving Party from any liability, for any injuries, legal
19 proceedings or damages arising from the inadvertent disclosure of Protected Material.
20 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
21 PROTECTED MATERIAL
22 When a Producing Party gives notice to Receiving Parties that certain inadvertently
23 produced material is subject to a claim of privilege or other protection, the obligations of the
24 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
25 provision is not intended to modify whatever procedure may be established in an e-discovery
26 order that provides for production without prior privilege review. Pursuant to Federal Rule of
27 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
28 communication or information covered by the attorney-client privilege or work product
1 protection, the parties may incorporate their agreement in the stipulated proposed protective order
2 submitted to the court.
3 12. MISCELLANEOUS
4 12.1 Right to Further Relief. Nothing in this order abridges the right of any person to seek
5 its modification by the court in the future.
6 12.2 Right to Assert Other Objections. This order is without prejudice to the parties’
7 rights to object to disclosing or producing any information or item on any ground should this case
8 proceed to formal discovery. Similarly, this order is without prejudice to the right of any party to
9 object on any ground to use in evidence of any of the material covered by this protective order.
10 12.3 Filing Protected Material. Without written permission from the Designating Party or
11 a court order secured after appropriate notice to all interested persons, a Party may not file in the
12 public record in this action or any other action or proceeding any Protected Material. A Party that
13 seeks to file under seal any Protected Material must comply with the local rules. Protected
14 Material may only be filed under seal pursuant to a court order authorizing the sealing of the
15 specific Protected Material at issue. A sealing order will issue only upon a request establishing
16 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise
17 entitled to protection under the law. If a Receiving Party’s request to file Protected Material
18 under seal is denied by the court, then the Receiving Party may file the Protected Material in the
19 public record unless otherwise instructed by the court.
20 13. FINAL DISPOSITION
21 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
22 Receiving Party must return all Protected Material to the Producing Party or destroy such
23 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
24 compilations, summaries, and any other format reproducing or capturing any of the Protected
25 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
26 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,
27 correspondence, deposition and trial exhibits, expert reports, attorney work product, and
28 consultant and expert work product, even if such materials contain Protected Material. Any such
1 | archival copies that contain or constitute Protected Material remain subject to this protective order
2 | as set forth in Section 4 (DURATION).
3 14. Nothing in this order shall be construed as limiting in any way CDCR from utilizing
4 | any material designated or produced under this order in its normal or usual course of operations.
5 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
6 | Dated: May 20, 2025 Respectfully submitted,
7 GLENN, AGRE, BERGMAN, & FUENTES LLP
8
9 /s/ Lyn R. Agre
(as authorized on May 20, 2025)
10 LYN R. AGRE
Attorneys for Plaintiff
11 Nicole Doe
12
13
4 Dated: May 20, 2025 Respectfully submitted,
ROB BONTA
15 Attorney General of California
ALICIA A. BOWER
16 Supervising Deputy Attorney General
7 Avoniper Prana
18
JENNIFER BURNS
19 Deputy Attorney General
Attorneys for Defendants
20 California Department of Corrections and
Rehabilitation, State of California, and J.
21 Solorio
22
23
24
25
26
27
28
14
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, __________________ [print or type full name], of_______________________________
4 [print or type full address], declare under penalty of perjury that I have read in its entirety and
5 understand the protective order that was issued by the United States District Court for the Eastern
6 District of California on ________________ (date) in the case of Nicole Doe v. State of
7 California, et al., Case No. 1:24-cv-01382-JLT-BAM. I agree to comply with and to be bound by
8 all the terms of this protective order and I understand and acknowledge that failure to so comply
9 could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that
10 I will not disclose in any manner any information or item that is subject to this protective order to
11 any person or entity except in strict compliance with the provisions of this order.
12 I further agree to submit to the jurisdiction of the United States District Court for the
13 Eastern District of California for the purpose of enforcing the terms of this protective order, even
14 if such enforcement proceedings occur after termination of this action.
15 I hereby appoint __________________________ [print or type full name] of
16 ___________________________ [print or type full address and telephone number] as my
17 California agent for service of process in connection with this action or any proceedings related to
18 enforcement of this protective order.
19
20 Date: _________________________________
21 City and State where sworn and signed: _________________________________
22 Printed name: ______________________________[printed name]
23
Signature: __________________________________[signature]
24
25
26
SA2024304423
39021912.docx
27
28
1 ORDER
2 Having considered the parties’ stipulated protective order, and finding good cause, the
3 Court adopts the stipulated protective order (Doc. 14), subject to the following modification:
4 Paragraph 7.2(b): “the officers, directors, and employees of the Receiving Party,
5 including employees of the Office of Internal Affairs, to whom disclosure is reasonably necessary
6 for this litigation and who have signed the” corrected to “the officers, directors, and employees of
7 the Receiving Party, including employees of the Office of Internal Affairs, to whom disclosure is
8 reasonably necessary for this litigation and who have signed the Acknowledgment and
9 Agreement to Be Bound that is attached hereto as Exhibit A.”
10 The parties are advised that pursuant to the Local Rules of the United States District
11 Court, Eastern District of California, any documents subject to the protective order to be filed
12 under seal must be accompanied by a written request which complies with Local Rule 141 prior
13 to sealing. The party making a request to file documents under seal shall be required to show
14 good cause for documents attached to a non-dispositive motion or compelling reasons for
15 documents attached to a dispositive motion. Pintos v. Pacific Creditors Ass’n, 605 F.3d 665,
16 677-78 (9th Cir. 2009). Within five (5) days of any approved document filed under seal, the party
17 shall file a redacted copy of the sealed document. The redactions shall be narrowly tailored to
18 protect only the information that is confidential or was deemed confidential.
19 Additionally, the parties shall consider resolving any dispute arising under the stipulated
20 protective order according to the Court’s informal discovery dispute procedure.
21
IT IS SO ORDERED.
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23 Dated: May 27, 2025 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE
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