The opinion
1 MAYER BROWN LLP
NANCY G. ROSS (pro hac vice)
2 nross@mayerbrown.com
BRETT E. LEGNER (pro hac vice)
3 blegner@mayerbrown.com
71 South Wacker Drive
4 Chicago, IL 60606
Telephone: (312) 782-0600
5 Facsimile: (312) 706-8140
6 Attorneys for Defendant
Administrative Committee of the Northrop
7 Grumman Pension Plan
8 Additional counsel listed on the following page.
9
UNITED STATES DISTRICT COURT
10
CENTRAL DISTRICT OF CALIFORNIA
11
12 STEPHEN H. BAFFORD and EVELYN
L. WILSON,
13 Case No. 2:18-cv-10219-ODW-E
Plaintiffs,
14
v. STIPULATED PROTECTIVE
15 ORDER GOVERNING
ADMINISTRATIVE COMMITTEE OF CONFIDENTIAL MATERIALS
16 THE NORTHROP GRUMMAN
PENSION PLAN,
17 DISCOVERY MATTER
Defendant.
18
Judge: Hon. Otis D. Wright II
19
Magistrate Judge: Hon. Charles F. Eick
20
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22
23
24
25
26
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1 KRISTIN W. SILVERMAN (SBN 341952)
ksilverman@mayerbrown.com
2 2 Palo Alto Square
3000 El Camino Real, Suite 3000
3 Palo Alto, CA 94306-2112
Telephone: (650) 331-2055
4 Facsimile: (650) 331-2060
5 DOUGLAS ALLEN SMITH (SBN 290598)
dougsmith@mayerbrown.com
6 333 South Grand Avenue, 47th Floor
Los Angeles, CA 90071
7 Telephone: (213) 229-9500
Facsimile: (213) 625-0248
8
JORDAN C. HILTON (pro hac vice)
9 jhilton@mayerbrown.com
One Utah Center
10 201 S. Main Street, Suite 1100
Salt Lake City, UT 84111
11 Telephone: (801) 907-2700
Facsimile: (801) 880-2221
12
Attorneys for Defendant Administrative
13 Committee of the Northrop Grumman Pension Plan
14
Teresa S. Renaker – CA State Bar No. 187800
15 teresa@renakerscott.com
Kirsten G. Scott – CA State Bar No.253464
16 kirsten@renakerscott.com
RENAKER SCOTT LLP
17 505 Montgomery Street, Suite 1125
San Francisco, CA 94111
18 Telephone: (415) 653-1733
Facsimile: (415) 761-3953
19
Elizabeth Hopkins – CA State Bar No. 324431
20 ehopkins@kantorlaw.net
Susan Meter – CA State Bar No. 236133
21 smeter@kantorlaw.net
Samantha L. Brener – Admitted Pro Hac Vice
22 sbrener@kantorlaw.net
KANTOR & KANTOR, LLP
23 9301 Corbin Ave., Suite 1400
Northridge, CA 91324
24 Telephone: (818) 886-2525
Facsimile: (818) 350-6272
25
Attorneys for Plaintiffs Stephen H. Bafford and
26 Evelyn Wilson
27
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 in the above-
6 captioned matter (the “Action”) hereby stipulate to and petition the court to enter the
7 following Stipulated Protective Order. The parties acknowledge that this Order does not
8 confer blanket protections on all disclosures or responses to discovery and that the
9 protection it affords from public disclosure and use extends only to the limited
10 information or items that are entitled to confidential treatment under the applicable legal
11 principles.
12 1.2 Good Cause Statement. This Action asserting individual and class claims
13 under the Employee Retirement Income Security Act (“ERISA”) is likely to involve
14 confidential and/or proprietary information for which special protection from public
15 disclosure and from use for any purpose other than prosecution of this action is
16 warranted. Such confidential and proprietary materials and information consist of,
17 among other things, confidential business or financial information, the personally
18 identifying information (e.g., dates of birth, social security numbers, home
19 addresses) and finances of pension plan participants, including a participant’s
20 earnings, designated beneficiaries, and dollar amount of pension benefits, and
21 information otherwise generally unavailable to the public, or which may be
22 privileged or otherwise protected from disclosure under state or federal statutes,
23 court rules, case decisions, or common law. Accordingly, to expedite the flow of
24 information, to facilitate the prompt resolution of disputes over confidentiality of
25 discovery materials, to adequately protect information the parties are entitled to keep
26 confidential, to ensure that the parties are permitted reasonable necessary uses of
27 such material in preparation for and in the conduct of trial, to address their handling
at the end of the litigation, and serve the ends of justice, a protective order for such
1 information is justified in this Action. It is the intent of the parties that information
2 will not be designated as confidential for tactical reasons and that nothing be so
3 designated without a good faith belief that it has been maintained in a confidential,
4 non-public manner, and there is good cause why it should not be part of the public
5 record of this case.
6 1.3 Acknowledgment of Procedure for Filing Under Seal. The parties further
7 acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective
8 Order does not entitle them to file confidential information under seal; Local Rule
9 79-5 sets forth the procedures that must be followed and the standards that will be
10 applied when a party seeks permission from the court to file material under seal.
11 There is a strong presumption that the public has a right of access to judicial
12 proceedings and records in civil cases. In connection with non-dispositive motions,
13 good cause must be shown to support a filing under seal. See Kamakana v. City and
14 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips ex rel. Ests. of
15 Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002), Zucchella v.
16 Olympusat, Inc., 2020 WL 2334118 (C.D. Cal. Feb. 27, 2020) (stipulated protective
17 orders require good cause showing), and a specific showing of good cause or
18 compelling reasons with proper evidentiary support and legal justification, must be
19 made with respect to Protected Material that a party seeks to file under seal. The
20 parties’ mere designation of Disclosure or Discovery Material as CONFIDENTIAL
21 does not—without the submission of competent evidence by declaration,
22 establishing that the material sought to be filed under seal qualifies as confidential,
23 privileged, or otherwise protectable—constitute good cause.
24 Further, if a party requests sealing related to a dispositive motion or trial, then
25 compelling reasons, not only good cause, for the sealing must be shown, and the
26 relief sought shall be narrowly tailored to serve the specific interest to be protected.
27 See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–79 (9th Cir. 2010). For each
item or type of information, document, or thing sought to be filed or introduced
1 under seal in connection with a dispositive motion or trial, the party seeking
2 protection must articulate compelling reasons, supported by specific facts and legal
3 justification, for the requested sealing order. Again, competent evidence supporting
4 the application to file documents under seal must be provided by declaration.
5 Any document that is not confidential, privileged, or otherwise protectable in
6 its entirety will not be filed under seal if the confidential portions can be redacted.
7 If documents can be redacted, then a redacted version for public viewing, omitting
8 only the confidential, privileged, or otherwise protectable portions of the document,
9 shall be filed. Any application that seeks to file documents under seal in their entirety
10 should include an explanation of why redaction is not feasible.
11 2. DEFINITIONS
12 2.1 Action: the above-captioned pending federal lawsuit, namely Bafford
13 v. Administrative Committee of the Northrop Grumman Pension Plan, No. 2:18-CV-
14 01219-ODW-E (C.D. Cal.).
15 2.2 Challenging Party: a Party or Non-Party that challenges the designation
16 of information or items under this Order.
17 2.3 “CONFIDENTIAL” Information or Items: information (regardless of
18 how it is generated, stored or maintained) or tangible things that qualify for
19 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
20 the Good Cause Statement.
21 2.4 Counsel: Outside Counsel of Record and In-House Counsel (as well as
22 their support staff).
23 2.5 Designating Party: a Party or Non-Party that designates information or
24 items that it produces in disclosures or in responses to discovery as
25 “CONFIDENTIAL.”
26 2.6 Disclosure or Discovery Material: all items or information, regardless
27 of the medium or manner in which it is generated, stored, or maintained (including,
1 among other things, testimony, transcripts, and tangible things), that are produced or
2 generated in disclosures or responses to discovery in this matter.
3 2.7 Expert: a person with specialized knowledge or experience in a matter
4 pertinent to the litigation who has been retained by a Party or its counsel to serve as
5 an expert witness or as a consultant in this Action.
6 2.8 Final Disposition: the later of (1) dismissal of all claims and defenses
7 in this Action, with or without prejudice; and (2) final judgment herein after the
8 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of
9 this Action, including the time limits for filing any motions or applications for
10 extension of time pursuant to applicable law.
11 2.9 In-House Counsel: attorneys who are employees of a party to this
12 Action. In-House Counsel does not include Outside Counsel of Record or any other
13 outside counsel.
14 2.10 Non-Party: any natural person, partnership, corporation, association, or
15 other legal entity not named as a Party to this action.
16 2.11 Outside Counsel of Record: attorneys who are not employees of a party
17 to this Action but are retained to represent or advise a party to this Action and have
18 appeared in this Action on behalf of that party or are affiliated with a law firm which
19 has appeared on behalf of that party, and includes support staff.
20 2.12 Party: any party to this Action, including all of its officers, directors,
21 employees, consultants, retained experts, and Outside Counsel of Record (and their
22 support staffs).
23 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
24 Discovery Material in this Action.
25 2.14 Professional Vendors: persons or entities that provide litigation-
26 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
27 demonstrations, and organizing, storing, or retrieving data in any form or medium)
and their employees and subcontractors.
1 2.15 Protected Material: any Disclosure or Discovery Material that is
2 designated as “CONFIDENTIAL.”
3 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material
4 from a Producing Party.
5 3. SCOPE
6 The protections conferred by this Stipulation and Order cover not only
7 Protected Material (as defined above), but also (1) any information copied or
8 extracted from Protected Material; (2) all copies, excerpts, summaries, or
9 compilations of Protected Material; and (3) any testimony, conversations, or
10 presentations by Parties or their Counsel that might reveal Protected Material.
11 Any use of Protected Material at trial shall be governed by the orders of the
12 trial judge. This Stipulated Protective Order does not govern the use of Protected
13 Material at trial.
14 4. TRIAL AND DURATION
15 The terms of this Stipulated Protective Order apply through Final Disposition
16 of the Action.
17 Once a case proceeds to trial, information that was designated as
18 CONFIDENTIAL or maintained pursuant to this Stipulated Protective Order and
19 used or introduced as an exhibit at trial becomes public and will be presumptively
20 available to all members of the public, including the press, unless compelling
21 reasons supported by specific factual findings to proceed otherwise are made to
22 the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180–81
23 (distinguishing “good cause” showing for sealing documents produced in
24 discovery from “compelling reasons” standard when merits-related documents are
25 part of court record). Accordingly, for such materials, the terms of this Stipulated
26 Protective Order do not extend beyond the commencement of the trial.
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1 Even after Final Disposition of this litigation, the confidentiality obligations
2 imposed by this Stipulated Protective Order shall remain in effect until a
3 Designating Party agrees otherwise in writing or a court order otherwise directs.
4 5. DESIGNATING PROTECTED MATERIAL
5 5.1 Exercise of Restraint and Care in Designating Material for Protection.
6 Each Party or Non-Party that designates information or items for protection under
7 this Order must take care to limit any such designation to specific material that
8 qualifies under the appropriate standards. The Designating Party must designate for
9 protection only those parts of material, documents, items, or oral or written
10 communications that qualify so that other portions of the material, documents, items,
11 or communications for which protection is not warranted are not swept unjustifiably
12 within the ambit of this Order.
13 Mass, indiscriminate, or routinized designations are prohibited. Designations
14 that are shown to be clearly unjustified or that have been made for an improper
15 purpose (e.g., to unnecessarily encumber the case development process or to impose
16 unnecessary expenses and burdens on other parties) may expose the Designating
17 Party to sanctions.
18 If it comes to a Designating Party’s attention that information or items that it
19 designated for protection do not qualify for protection, that Designating Party must
20 promptly notify all other Parties that it is withdrawing the inapplicable designation.
21 5.2 Manner and Timing of Designations. Except as otherwise provided in
22 this Stipulated Protective Order (see, e.g., second paragraph of Section 5.2(a)
23 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
24 qualifies for protection under this Stipulated Protective Order must be clearly so
25 designated before the material is disclosed or produced.
26 Designation in conformity with this Stipulated Protective Order requires:
27 (a) for information in documentary form (e.g., paper or electronic documents,
but excluding transcripts of depositions or other pretrial or trial proceedings), that
1 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” to each
2 page that contains protected material. If only a portion or portions of the material
3 on a page qualifies for protection, the Producing Party should seek to clearly identify
4 the protected portion(s) (e.g., by making appropriate markings in the margins),
5 unless it makes a good-faith determination that it would be unduly burdensome to
6 do so.
7 A Party or Non-Party that makes original documents available for inspection
8 need not designate them for protection until after the inspecting Party has indicated
9 which documents it would like copied and produced. During the inspection and
10 before the designation, all the material made available for inspection shall be deemed
11 CONFIDENTIAL. After the inspecting Party has identified the documents it wants
12 copied and produced, the Producing Party must determine which documents, or
13 portions thereof, qualify for protection under this Stipulated Protective Order. Then,
14 before producing the specified documents, the Producing Party must affix the
15 “CONFIDENTIAL” legend to each page that contains Protected Material. If only a
16 portion or portions of the material on a page qualifies for protection, the Producing
17 Party should seek to clearly identify the protected portion(s) (e.g., by making
18 appropriate markings in the margins), unless it makes a good-faith determination
19 that it would be unduly burdensome to do so.
20 (b) for testimony given in depositions and the transcripts and video recordings
21 of such deposition testimony conducted during discovery in this litigation, that the
22 Designating Party identify the Disclosure or Discovery Material within thirty (30)
23 days after receipt from the court reporter of the final deposition transcript and/or
24 video recording. Prior to the expiration of such 30-day period, any testimony given
25 in depositions and the transcripts and video recordings of such deposition testimony
26 shall be treated as “CONFIDENTIAL” to allow time for the deponent or counsel for
27 that deponent, or any Party or Non-Party or its counsel, to designate the testimony.
Pages of transcribed deposition testimony or exhibits to depositions that reveal
1 Protected Material may be separately bound by the court reporter and may not be
2 disclosed to anyone except as permitted under this Stipulated Protective Order
3 (c) for information produced in some form other than documentary and for
4 any other tangible items, that the Producing Party affix in a prominent place on the
5 exterior of the container or containers in which the information is stored the
6 “CONFIDENTIAL” legend. If only a portion or portions of the information
7 warrants protection, the Producing Party, to the extent practicable, shall identify the
8 protected portion(s).
9 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
10 failure to designate qualified information or items does not, standing alone, waive
11 the Designating Party’s right to secure protection under this Order for such material.
12 Upon timely correction of a designation, the Receiving Party must make reasonable
13 efforts to assure that the material is treated in accordance with the provisions of this
14 Stipulated Protective Order.
15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
17 designation of confidentiality at any time that is consistent with the court’s
18 Scheduling Order.
19 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
20 resolution process under Local Rule 37.1 et seq. and any other order or rule of this
21 court.
22 6.3 The burden of persuasion in any such challenge proceeding shall be on
23 the Designating Party. Frivolous challenges, and those made for an improper
24 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
25 parties) may expose the Challenging Party to sanctions. Unless the Designating
26 Party has waived or withdrawn the confidentiality designation, all parties shall
27 continue to afford the material in question the level of protection to which it is
1 entitled under the Producing Party’s designation until the court rules on the
2 challenge.
3 7. ACCESS TO AND USE OF PROTECTED MATERIAL
4 7.1 Basic Principles. A Receiving Party may use Protected Material that is
5 disclosed or produced by another Party or by a Non-Party in connection with this
6 Action only for prosecuting, defending, or attempting to settle this Action—unless
7 the Designating Party that marked the material confidential otherwise agrees in
8 writing, and simultaneously either the Designating Party or Receiving Party
9 provides notice of that written agreement to all parties in the Action. Such Protected
10 Material may be disclosed only to the categories of persons and under the conditions
11 described in this Order. When the Action reaches a Final Disposition, a Receiving
12 Party must comply with the provisions of Section 13 below.
13 Protected Material must be stored and maintained by a Receiving Party at a
14 location and in a secure manner that ensures that access is limited to the persons
15 authorized under this Stipulated Protective Order.
16 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
17 otherwise ordered by the court or permitted in writing by the Designating Party, a
18 Receiving Party may disclose any information or item designated
19 “CONFIDENTIAL” only:
20 (a) to the Receiving Party’s Outside Counsel of Record in this Action, as well
21 as employees of said Outside Counsel of Record to whom it is reasonably necessary
22 to disclose the information for this Action;
23 (b) to the officers, directors, and employees (including House Counsel) of the
24 Receiving Party to whom disclosure is reasonably necessary for this Action;
25 (c) to Experts (as defined in this Order) of the Receiving Party to whom
26 disclosure is reasonably necessary for this Action and who have signed the
27 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
(d) to the court and its personnel;
1 (e) to court reporters and their staff;
2 (f) to professional jury or trial consultants, mock jurors, and Professional
3 Vendors to whom disclosure is reasonably necessary for this Action and who have
4 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
5 (g) to the author or recipient of a document containing the information or a
6 custodian or other person who otherwise possessed or knew the information;
7 (h) during their depositions, to witnesses, and attorneys for witnesses, in the
8 Action to whom disclosure is reasonably necessary, provided: (1) the deposing party
9 requests that the witness sign the “Acknowledgment and Agreement to Be Bound”
10 (Exhibit A); and (2) the witness will not be permitted to keep any confidential
11 information unless they sign the “Acknowledgment and Agreement to Be Bound”
12 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the
13 court; and
14 (i) to any mediator or settlement officer, and their supporting personnel,
15 mutually agreed upon by any of the parties engaged in settlement discussions.
16 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED
17 PRODUCED IN OTHER LITIGATION
18 If a Party is served with a subpoena or a court order issued in other litigation
19 that compels disclosure of any information or items designated in this Action as
20 “CONFIDENTIAL,” that Party must:
21 (a) promptly notify in writing the Designating Party. Such notification shall
22 include a copy of the subpoena or court order;
23 (b) promptly notify in writing the party who caused the subpoena or order to
24 issue in the other litigation that some or all of the material covered by the subpoena
25 or order is subject to this Protective Order. Such notification shall include a copy of
26 this Stipulated Protective Order; and
27 (c) cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
1 If the Designating Party timely seeks a protective order, the Party served with
2 the subpoena or court order shall not produce any information designated in this
3 action as “CONFIDENTIAL” before a determination by the court from which the
4 subpoena or order issued, unless the Party has obtained the Designating Party’s
5 permission. The Designating Party shall bear the burden and expense of seeking
6 protection in that court of its confidential material and nothing in these provisions
7 should be construed as authorizing or encouraging a Receiving Party in this Action
8 to disobey a lawful directive from another court.
9 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
10 PRODUCED IN THIS LITIGATION
11 9.1 Application. The terms of this Stipulated Protective Order are
12 applicable to information produced by a Non-Party in this Action and designated as
13 “CONFIDENTIAL.” Such information produced by Non-Parties in connection with
14 this litigation is protected by the remedies and relief provided by this Order. Nothing
15 in these provisions should be construed as prohibiting a Non-Party from seeking
16 additional protections.
17 9.2 Notification. If a Party is required, by a valid discovery request, to
18 produce a Non-Party’s confidential information in its possession, and the Party is
19 subject to an agreement with the Non-Party not to produce the Non-Party’s
20 confidential information, then the Party shall:
21 (a) promptly notify in writing the Requesting Party and the Non-Party that
22 some or all of the information requested is subject to a confidentiality agreement
23 with a Non-Party;
24 (b) make the information requested available for inspection by the Non-Party,
25 if requested.
26 9.3 Conditions of Production. If the Non-Party fails to seek a protective
27 order from this court within 14 days of receiving the notice and accompanying
information, the Receiving Party may produce the Non-Party’s confidential
1 information responsive to the discovery request. If the Non-Party timely seeks a
2 protective order, the Receiving Party shall not produce any information in its
3 possession or control that is subject to the confidentiality agreement with the Non-
4 Party before a determination by the court. Absent a court order to the contrary, the
5 Non-Party shall bear the burden and expense of seeking protection in this court of
6 its Protected Material.
7 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
8 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
9 Protected Material to any person or in any circumstance not authorized under this
10 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
11 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
12 to retrieve all unauthorized copies of the Protected Material, (c) inform the person
13 or persons to whom unauthorized disclosures were made of all the terms of this
14 Order, and (d) request such person or persons to execute the “Acknowledgment and
15 Agreement to Be Bound” (Exhibit A).
16 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
17 PROTECTED MATERIAL
18 This Stipulated Protective Order is without prejudice to any Party’s or Non-
19 Party’s right to assert that any Disclosure or Discovery Material is subject to any
20 applicable claim of privilege or protection, including the attorney-client privilege
21 and the work product doctrine, and is without prejudice to any party’s right to contest
22 such a claim of privilege.
23 Pursuant to Federal Rule of Evidence 502(d), any inadvertent disclosure of
24 privileged information or documents in the course of discovery shall not constitute
25 or be deemed a waiver of forfeiture of any claim of attorney-client privilege, work
26 product doctrine or any other applicable privilege.
27 If, in connection with this Action, a Producing Party inadvertently discloses
or produces information subject to a claim of attorney-client privilege, the work
1 product doctrine, or any other applicable privilege (“Inadvertently Disclosed
2 Information”), and a claim of inadvertent disclosure is made by a Disclosing Party
3 with respect to Inadvertently Disclosed Information, the Receiving Party shall,
4 within five (5) business days:
5 (a) return, sequester or destroy all copies of the Inadvertently Disclosed
6 Information and provide a written certification of counsel that all such Inadvertently
7 Disclosed Information has been returned, sequestered or destroyed, except that the
8 Receiving Party may retain a sequestered copy of the inadvertently produced
9 materials for the sole purpose of presenting the materials to the Court under seal for
10 determination of the claim, in accordance with the Federal Rules of Civil Procedure,
11 the Local Rules of this court, and any other order or rule of the court;
12 (b) refrain from any further use or disclosure of the Inadvertently
13 Disclosed Information, except that the Receiving Party may present the
14 inadvertently produced materials to the Court under seal for determination of the
15 claim, in accordance with the Federal Rules of Civil Procedure, the Local Rules of
16 this court, and any other order or rule of the court; and
17 (c) take reasonable steps in good faith to retrieve any copies of the
18 Inadvertently Disclosed Information disclosed in accordance with this Stipulated
19 Protective Order prior to receiving this notice. Nothing in this paragraph shall be
20 read to limit the parties’ rights under Federal Rule of Civil Procedure 26(b)(5)(B).
21 12. MISCELLANEOUS
22 12.1 Right to Further Relief. Nothing in this Stipulated Protective Order
23 abridges the right of any person to seek its modification by the court in the future.
24 12.2 Right to Assert Other Objections. By stipulating to the entry of this
25 Stipulated Protective Order, no Party waives any right it otherwise would have to
26 object to disclosing or producing any information or item on any ground not
27 addressed in this Stipulated Protective Order. Similarly, no Party waives any right
1 to object on any ground to use in evidence of any of the material covered by this
2 Stipulated Protective Order.
3 12.3 Filing Protected Material. A Party that seeks to file under seal any
4 Protected Material must comply with Local Rule 79-5. Protected Material may only
5 be filed under seal pursuant to a court order authorizing the sealing of the specific
6 Protected Material at issue. If a Party’s request to file Protected Material under seal
7 is denied by the court, then the Receiving Party may file the information in the public
8 record unless otherwise instructed by the court.
9 13. FINAL DISPOSITION
10 After the Final Disposition of this Action, as defined in paragraph 2.8, within
11 60 days of a written request by the Designating Party, each Receiving Party must
12 return all Protected Material to the Producing Party or destroy such material. As
13 used in this subdivision, “all Protected Material” includes all copies, abstracts,
14 compilations, summaries, and any other format reproducing or capturing any of the
15 Protected Material. Whether the Protected Material is returned or destroyed, the
16 Receiving Party must submit a written certification to the Producing Party (and, if
17 not the same person or entity, to the Designating Party) by the 60 day deadline that
18 (1) identifies (by category, where appropriate) all the Protected Material that was
19 returned or destroyed and (2) affirms that the Receiving Party has not retained any
20 copies, abstracts, compilations, summaries or any other format reproducing or
21 capturing any of the Protected Material. Notwithstanding this provision, Counsel is
22 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition,
23 and hearing transcripts, legal memoranda, correspondence, deposition and trial
24 exhibits, expert reports, attorney work product, and consultant and expert work
25 product, even if such materials contain Protected Material. Any such archival copies
26 that contain or constitute Protected Material remain subject to this Protective Order
27 as set forth in Section 4.
1 14. VIOLATION
2 Any violation of this Stipulated Protective Order may be punished by any and
3 all appropriate measures including, without limitation, contempt proceedings and/or
4 monetary sanctions.
5
6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
7
RENAKER SCOTT LLP
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9 DATED: July 10, 2025 /s/ Kirsten Scott
Kirsten Scott
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11 Attorneys for Plaintiffs Stephen
Bafford and Evelyn Wilson
12
13 KANTOR & KANTOR, LLP
14 DATED: July 10, 2025 /s/ Susan Meter
15 Susan Meter
16 Attorneys for Plaintiffs Stephen
17 Bafford and Evelyn Wilson
18
MAYER BROWN LLP
19
DATED: July 10, 2025 /s/ Douglas A. Smith
20
Douglas A. Smith
21
22 Attorneys for Defendant
Administrative Committee of the
23 Northrop Grumman Pension Plan
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FILER’S ATTESTATION
25
Pursuant to Local Rule 5-4.3.4(a)(2)(i), the filer attests that all other
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signatories to this document concur in the content of, and have authorized, this filing.
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/s/ Douglas A. Smith
1 | FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
LER LEZ
DATED: ___7/10/25
5 United States Magistrate Judge
Charles F. Eick
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
I, ___________________________ [print or type full name], of
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________________________ [print or type full address], declare under penalty of
5
perjury that I have read in its entirety and understand the Stipulated Protective Order
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that was issued by the United States District Court for the Central District of
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California on _______, 2025, in the case of Bafford v. Administrative Committee of
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the Northrop Grumman Pension Plan, No. 2:18-CV-01219-ODW-E (C.D. Cal.). I
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agree to comply with and to be bound by all the terms of this Stipulated Protective
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Order and I understand and acknowledge that failure to so comply could expose me
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to sanctions and punishment in the nature of contempt. I solemnly promise that I will
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not disclose in any manner any information or item that is subject to this Stipulated
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Protective Order to any person or entity except in strict compliance with the
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provisions of this Order.
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I further agree to submit to the jurisdiction of the United States District Court
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for the Central District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action. I hereby appoint _______________________ [print or
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type full name] of ___________________________________________ [print or
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type full address and telephone number] as my California agent for service of
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process in connection with this action or any proceedings related to enforcement of
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this Stipulated Protective Order.
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Date: ____________________________
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City and State where signed: ____________________________
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Printed name: ____________________________
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Signature: ____________________________