The opinion
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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10 ABDIRAHMAN ADEN KARIYE, et Case No. 2:22-cv-1916-FWS-PVCx
al.,
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Plaintiffs,
STIPULATED PROTECTIVE
12 ORDER1
v.
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MARKWAYNE MULLIN, Secretary
14 of the Department of Homeland
Security, in his official capacity, et
15 al.,
16 Defendants.
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18 1. A. PURPOSES AND LIMITATIONS
19 Discovery in the above-captioned case brought by Plaintiffs Abdirahman
20 Aden Kariye, Mohamad Mouslli, and Hameem Shah (“Plaintiffs”) against
21 Defendants Markwayne Mullin, Secretary of the U.S. Department of Homeland
22 Security (“DHS”), Rodney Scott, Commissioner of U.S. Customs and Border
23 Protection (“CBP”), Todd Lyons, Acting Director of U.S. Immigration and Customs
24 Enforcement (“ICE”), and John Condon, Acting Executive Associate Director,
25 Homeland Security Investigations (“HSI”) (“Defendants”) is likely to involve
26 production of confidential, proprietary or private information for which special
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1 protection from public disclosure and from use for any purpose other than
2 prosecuting this litigation may be warranted. Accordingly, the parties hereby
3 stipulate to and petition the Court to enter the following Stipulated Protective Order.
4 The parties acknowledge that this Order does not confer blanket protections on all
5 disclosures or responses to discovery and that the protection it affords from public
6 disclosure and use extends only to the limited information or items that are entitled
7 to confidential treatment under the applicable legal principles.
8 B. GOOD CAUSE STATEMENT
9 Defendants believe that this action is likely to involve the production of
10 information contained in law enforcement records and communications or produced
11 at a deposition or hearing. Defendants believe that some of this information is likely
12 protected under the law enforcement privilege or is law-enforcement sensitive and
13 for official use only, in that it may regard such things as law enforcement activities
14 and operations, internal policies, processes and procedures, and training materials,
15 all of which may be protected from disclosure under the Freedom of Information
16 Act, 5 U.S.C. § 552(b)(7), or protected from disclosure under other federal law, or
17 which is generally unavailable to the public because its disclosure could adversely
18 impact such things as a person’s privacy or welfare or the conduct of programs or
19 operations essential to the national interest, but which a court may order to be
20 produced. Defendants believe that some of this information may also be
21 information prohibited from disclosure by the Privacy Act, 5 U.S.C. § 552a, et seq.
22 (the “Privacy Act”), as it may be personal information located in a Federal
23 government “record” and therefore require the consent of that individual prior to
24 disclosure unless made “pursuant to the order of a court of competent jurisdiction.”
25 Id. §552a(b)(11).
26 Plaintiffs believe that this action is likely to involve the production of records
27 concerning the questioning of Plaintiffs at the U.S. border and reflecting information
1 Accordingly, to expedite the flow of information, to facilitate the prompt
2 resolution of disputes over confidentiality of discovery materials, to adequately
3 protect information the parties are entitled to keep confidential, to ensure that the
4 parties are permitted reasonable necessary uses of such material in preparation for
5 and in the conduct of trial, to address their handling at the end of the litigation, and
6 serve the ends of justice, a protective order for such information is justified in this
7 matter. It is the intent of the parties that information will not be designated as
8 “confidential” or “attorneys’ eyes only” for tactical reasons and that nothing be so
9 designated without a good faith belief that it has been maintained in the manner
10 discussed below, and there is good cause why it should not be part of the public
11 record of this case.
12 The categories of “CONFIDENTIAL” information or items covered by this
13 order include:
14 a. Information, documents or tangible things protected by the Privacy Act,
15 5 U.S.C. § 552a, et seq., without obtaining the prior written consent of the
16 individuals to whom such records or information pertain. The United States and its
17 agencies and employees are authorized pursuant to 5 U.S.C. § 552a(b)(11) to
18 produce such records pursuant to the terms contained herein.
19 b. Personally Identifying Information (PII), which is information that
20 permits the identity of an individual to be directly or indirectly inferred, or otherwise
21 confidential information regarding any Plaintiff, Defendant, employee or former
22 employee of any Defendant, or Non-Party, including but not limited to date of birth,
23 social security number, email addresses, phone numbers, mailing addresses, or
24 compensation information, that would be protected or restricted from disclosure by
25 statute, regulation, internal agency policy or guidance, but disclosure of which may
26 be authorized by an order of this Court.
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1 c. Documents or information concerning any response to questioning of
2 Plaintiffs at the U.S. border that reflects information about Plaintiffs’ religious
3 beliefs, practices, or associations.
4 d. Information that is otherwise sensitive, but unclassified, which the
5 agency determines is not appropriate for public release, and the disclosure of which
6 is reasonably expected to cause harm to law enforcement interests, which may
7 include records regarding law enforcement activities and operations staffing,
8 priorities, resources, intelligence, methods, and internal investigations, and those
9 portions of internal policies, processes, and training materials that contain
10 information that is law enforcement sensitive, for instance, (a) records that might
11 contain tactical and other information related to law enforcement activities not made
12 available by the Government to the general public that could be adversely used to
13 circumvent law enforcement efforts or (b) information that may be protected from
14 public disclosure under the Freedom of Information Act, 5 U.S.C. § 552(b)(7)(E),
15 and is not subject to other restrictions on disclosure.
16 e. All other protected documents, information, or tangible things not
17 identified above that qualify for protection under Federal Rule of Civil
18 Procedure 26(c), based on either the parties’ agreement in writing or the Court’s
19 order.
20 A party may designate information as ATTORNEYS’ EYES ONLY under
21 this order only when the party has a good-faith belief that:
22 a. the information is not available to the general public;
23 b. the information has been kept confidential pursuant to law or regulation;
24 c. the disclosure of the information is reasonably expected to cause harm to a
25 party or to the United States; and
26 d. the designating party asserts that the information is law-enforcement
27 privileged, such that the designating party has a good-faith basis to believe
1 enforcement operations or jeopardize the safety of individuals, law
2 enforcement officers or the public.
3 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
4 The parties further acknowledge, as set forth in Section 12.4, below, that this
5 Stipulated Protective Order does not entitle them to file confidential information
6 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
7 and the standards that will be applied when a party seeks permission from the court
8 to file material under seal.
9 There is a strong presumption that the public has a right of access to judicial
10 proceedings and records in civil cases. In connection with non-dispositive motions,
11 good cause must be shown to support a filing under seal. See Kamakana v. City and
12 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
13 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics,
14 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders
15 require good cause showing), and a specific showing of good cause or compelling
16 reasons with proper evidentiary support and legal justification, must be made with
17 respect to Protected Material that a party seeks to file under seal. The parties’ mere
18 designation of Disclosure or Discovery Material as CONFIDENTIAL or
19 ATTORNEYS’ EYES ONLY does not—without the submission of competent
20 evidence by declaration, establishing that the material sought to be filed under seal
21 qualifies as confidential, privileged, or otherwise protectable—constitute good
22 cause.
23 Further, if a party requests sealing related to a dispositive motion or trial, then
24 compelling reasons, not only good cause, for the sealing must be shown, and the
25 relief sought shall be narrowly tailored to serve the specific interest to be protected.
26 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
27 each item or type of information, document, or thing sought to be filed or introduced
1 protection must articulate compelling reasons, supported by specific facts and legal
2 justification, for the requested sealing order. Again, competent evidence supporting
3 the application to file documents under seal must be provided by declaration.
4 Any document that is not confidential, privileged, or otherwise protectable in
5 its entirety will not be filed under seal if the confidential portions can be redacted.
6 If documents can be redacted, then a redacted version for public viewing, omitting
7 only the confidential, privileged, or otherwise protectable portions of the document,
8 shall be filed. Any application that seeks to file documents under seal in their
9 entirety should include an explanation of why redaction is not feasible.
10 2. DEFINITIONS
11 2.1 Action: this pending federal lawsuit.
12 2.2 “ATTORNEYS’ EYES ONLY” Information or Items: information
13 (regardless of how it is generated, stored or maintained) or tangible things that
14 qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified
15 above in the Good Cause Statement.
16 2.3 Challenging Party: a Party or Non-Party that challenges the
17 designation of information or items under this Order.
18 2.4 “CONFIDENTIAL” Information or Items: information (regardless of
19 how it is generated, stored or maintained) or tangible things that qualify for
20 protection under Federal Rule of Civil Procedure 26(c), and as specified above in
21 the Good Cause Statement.
22 2.5 Counsel: Outside Counsel and House Counsel (defined to include
23 support staff).
24 2.6 Designating Party: a Party or Non-Party that designates information or
25 items that it produces in disclosures or in responses to discovery as
26 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.”
27 2.7 Disclosure or Discovery Material: all items or information, regardless
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 2.8 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 2.9 House Counsel: attorneys who are employees of a party to this Action,
7 including the attorneys’ support staff. House Counsel does not include Outside
8 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: attorneys who are not employees of a party to this
12 Action but are retained to represent or advise a party to this Action with respect to
13 this Action, including any attorney that has appeared in this Action on behalf of a
14 party, and any attorney affiliated with a law firm that has appeared on behalf of a
15 party in this Action or has been retained to represent or advise a party to this Action
16 with respect to this Action, including the attorneys’ support staff.
17 2.12 Party: any party to this Action, including all of its officers, directors,
18 employees, consultants, retained experts, and Outside Counsel.
19 2.13 Producing Party: a Party or Non-Party that produces Disclosure or
20 Discovery Material in this Action.
21 2.14 Professional Vendors: persons or entities that provide litigation
22 support services (e.g., photocopying, videotaping, translating, preparing exhibits or
23 demonstrations, and organizing, storing, or retrieving data in any form or medium)
24 and their employees and subcontractors.
25 2.15 Protected Material: any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL” OR “ATTORNEYS’ EYES ONLY.”
27 2.16 Receiving Party: a Party that receives Disclosure or Discovery
3. SCOPE
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The protections conferred by this Stipulation and Order cover not only
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Protected Material (as defined above), but also (1) any information copied or
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extracted from Protected Material; (2) all copies, excerpts, summaries, or
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compilations of Protected Material; and (3) any testimony, conversations, or
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presentations by Parties or their Counsel that might reveal Protected Material.
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Any use of Protected Material at trial shall be governed by the orders of the
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trial judge. This Order does not govern the use of Protected Material at trial.
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4. DURATION
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FINAL DISPOSITION of the action is defined as the conclusion of any
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appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal
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has run. Except as set forth below, the terms of this protective order apply through
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FINAL DISPOSITION of the action. The parties may stipulate that they will be
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contractually bound by the terms of this agreement beyond FINAL DISPOSITION,
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but will have to file a separate action for enforcement of the agreement once all
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proceedings in this case are complete.
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Once a case proceeds to trial, information that was designated as
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CONFIDENTIAL or ATTORNEYS’ EYES ONLY or maintained pursuant to this
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protective order used or introduced as an exhibit at trial becomes public and will be
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presumptively available to all members of the public, including the press, unless
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compelling reasons supported by specific factual findings to proceed otherwise are
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made to the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
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(distinguishing “good cause” showing for sealing documents produced in discovery
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from “compelling reasons” standard when merits-related documents are part of court
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record). Accordingly, for such materials, the terms of this protective order do not
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extend beyond the commencement of the trial.
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5. DESIGNATING PROTECTED MATERIAL
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1 Each Party or Non-Party that designates information or items for protection under
2 this Order must take care to limit any such designation to specific material that
3 qualifies under the appropriate standards. The Designating Party must designate for
4 protection only those parts of material, documents, items or oral or written
5 communications that qualify so that other portions of the material, documents, items
6 or communications for which protection is not warranted are not swept unjustifiably
7 within the ambit of this 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 impose
11 unnecessary expenses and burdens on other parties) may expose the Designating
12 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 provided in
17 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise
18 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
19 under this Order must be clearly so designated before the material is disclosed or
20 produced.
21 Designation in conformity with this Order requires:
22 (a) for information in documentary form (e.g., paper or electronic
23 documents, but excluding transcripts of depositions or other pretrial or trial
24 proceedings), that the Producing Party affix at a minimum, the legend
25 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” (hereinafter
26 “CONFIDENTIAL legend” or “ATTORNEYS’ EYES ONLY legend”), to each
27 page that contains protected material. If only a portion of the material on a page
1 portion(s) (e.g., by making 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” or “ATTORNEYS’ EYES ONLY.” After the
7 inspecting Party has identified the documents it wants copied and produced, the
8 Producing Party must determine which documents, or portions thereof, qualify for
9 protection under this Order. Then, before producing the specified documents, the
10 Producing Party must affix the “CONFIDENTIAL legend” or “ATTORNEYS’
11 EYES ONLY legend” to each page that contains Protected Material. If only a
12 portion of the material on a page qualifies for protection, the Producing Party also
13 must clearly identify the protected portion(s) (e.g., by making appropriate markings
14 in the margins).
15 (b) for testimony given in depositions that the Designating Party identifies
16 the Disclosure or Discovery Material on the record, before the close of the
17 deposition all protected testimony.
18 (c) for information produced in some form other than documentary and
19 for any other tangible items, that the Producing Party affix in a prominent place on
20 the exterior of the container or containers in which the information is stored the
21 legend “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY.” If only a portion or
22 portions of the information warrants protection, the Producing Party, to the extent
23 practicable, shall identify the protected portion(s).
24 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
25 failure to designate qualified information or items does not, standing alone, waive
26 the Designating Party’s right to secure protection under this Order for such material.
27 Upon timely correction of a designation, the Receiving Party must make reasonable
1 Order.
2 6. CHALLENGING DESIGNATIONS OF MATERIAL AS
3 “CONFIDENTIAL” OR “ATTORNEYS’ EYES ONLY”
4 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
5 designation of material as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”
6 at any time that is consistent with the Court’s Scheduling Order.
7 6.2 Meet and Confer. The Challenging Party shall initiate the dispute
8 resolution process under Local Rule 37-1 et seq.
9 6.3 The burden of persuasion in any such challenge proceeding shall be on
10 the Designating Party. Frivolous challenges, and those made for an improper
11 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
12 parties) may expose the Challenging Party to sanctions. Unless the Designating
13 Party has waived or withdrawn the designation, all parties shall continue to afford
14 the material in question the level of protection to which it is entitled under the
15 Producing Party’s designation until the Court rules on the challenge.
16 7. ACCESS TO AND USE OF PROTECTED MATERIAL
17 7.1 Basic Principles. A Receiving Party may use Protected Material that is
18 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 has been terminated, a
22 Receiving Party must comply with the provisions of section 13 below (FINAL
23 DISPOSITION).
24 Protected Material must be stored and maintained by a Receiving Party at a
25 location and in a secure manner that ensures that access is limited to the persons
26 authorized under this Order.
27 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
1 Receiving Party may disclose any information or item designated
2 “CONFIDENTIAL” only to:
3 (a) the Receiving Party’s Outside Counsel in this Action, as well as
4 employees of said Outside Counsel to whom it is reasonably necessary to disclose
5 the information for this Action;
6 (b) the officers, directors, and employees (including House Counsel) of
7 the Receiving Party to whom disclosure is reasonably necessary for this Action;
8 (c) Experts (as defined in this Order) of the Receiving Party to whom
9 disclosure is reasonably necessary for this Action and who have signed the
10 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 (d) the court and its personnel;
12 (e) court reporters and their staff;
13 (f) professional jury or trial consultants, mock jurors, and Professional
14 Vendors to whom disclosure is reasonably necessary for this Action and who have
15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16 (g) the author or recipient of a document containing the information or a
17 custodian or other person who otherwise possessed or knew the information;
18 (h) deposition and trial witnesses (and their attorneys) in the Action,
19 including in connection with the preparation of said witnesses, provided that
20 disclosure is reasonably necessary to the litigation of this Action and: (1) the
21 deposing party requests that the witness sign the form attached as Exhibit A hereto;
22 and (2) they will not be permitted to keep any confidential information unless they
23 sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
24 otherwise agreed by the Designating Party or ordered by the court. Pages of
25 transcribed deposition testimony or exhibits to depositions that reveal Protected
26 Material may be separately bound by the court reporter and may not be disclosed to
27 anyone except as permitted under this Stipulated Protective Order;
1 mutually agreed upon by any of the parties engaged in settlement discussions; and
2 (j) any other person or entity upon such terms and conditions as the parties
3 may agree.
4 7.3 Disclosure of ATTORNEYS’ EYES ONLY Information or Items.
5 Unless otherwise ordered by the court or permitted in writing by the Designating
6 Party, any information or item designated “ATTORNEYS’ EYES ONLY” may be
7 accessed only by:
8 (a) attorneys who are retained to represent or advise a party to this Action
9 with respect to this Action, including any attorney that has appeared in this Action
10 on behalf of a party, as well as employees of said counsel to whom it is reasonably
11 necessary to disclose the information for this Action. Any such employee to whom
12 counsel for the parties makes a disclosure shall be provided with a copy of, and
13 become subject to, the provisions of this Order requiring that the documents and
14 information be held in confidence.
15 (b) Experts (as defined in this Order) of the Receiving Party to whom
16 disclosure is reasonably necessary for this Action and who have signed the
17 “Acknowledgment and Agreement To Be Bound” (Exhibit A);
18 (c) the court and its personnel;
19 (d) court reporters and their staff;
20 (e) Professional Vendors to whom disclosure is reasonably necessary for
21 this Action and who have signed the “Acknowledgment and Agreement to Be
22 Bound” (Exhibit A);
23 (f) third-party deposition and trial witnesses (and their attorneys) in this
24 Action, including in connection with the preparation of said witnesses, provided that
25 disclosure is reasonably necessary and: (1) the deposing party requests that the
26 witness sign the form attached as Exhibit A hereto; (2) if a voluntary witness, the
27 witness agrees to the terms of this order and signs the form attached as Exhibit A;
1 obligations. Pages of transcribed deposition testimony or exhibits to depositions
2 that reveal Protected Material may be separately bound by the court reporter and
3 may not be disclosed to anyone except as permitted under this Stipulated Protective
4 Order;
5 (g) deposition and trial witnesses in this Action who are Plaintiffs,
6 including in connection with the preparation of said witnesses, provided that
7 disclosure is reasonably necessary to the litigation of this Action and: (1) the witness
8 agrees to the terms of this order and signs the form attached as Exhibit A; (2)
9 counsel for the Receiving Party notifies the Designating Party of their intention to
10 disclose ATTORNEYS’ EYES ONLY information or items to the Plaintiff at least
11 four business days prior to the date of the intended disclosure; (3) if the Designating
12 Party objects to the disclosure, it must inform counsel for the Receiving Party and
13 seek relief from the court within three business days; in response, counsel for the
14 Receiving Party may file an ex parte opposition to the court, explaining why
15 disclosure is reasonably necessary; and (4) if the Designating Party has sought relief
16 from the court to prevent disclosure, counsel for the Receiving Party may not
17 disclose the ATTORNEYS’ EYES ONLY information or items to the Plaintiff,
18 unless the court orders disclosure to the Plaintiff as reasonably necessary to the
19 litigation of this Action. No disclosure of ATTORNEYS’ EYES ONLY information
20 or items to the Plaintiff shall take place for at least three business days following
21 any such order, so that the Designating Party has the opportunity to seek an
22 emergency stay of the court’s order; and
23 (h) any other person or entity upon such terms and conditions as the parties
24 may agree.
25 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
26 IN OTHER LITIGATION
27 If a Party is served with a subpoena or a court order issued in other litigation
1 “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” that Party must:
2 (a) promptly notify in writing the Designating Party. Such notification
3 shall include a copy of the subpoena or court order; and
4 (b) promptly notify in writing via e-mail within ten business days the
5 party who caused the subpoena or order to issue in the other litigation that some or
6 all of the material covered by the subpoena or order is subject to this Protective
7 Order. Such notification shall include a copy of this Stipulated Protective Order; and
8 (c) cooperate with respect to all reasonable procedures sought to be
9 pursued by the Designating Party whose Protected Material may be affected. If the
10 Designating Party timely seeks a protective order, the Party served with the
11 subpoena or court order shall not produce any information designated in this action
12 as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” before a determination
13 by the court from which the subpoena or order issued, unless the Party has obtained
14 the Designating Party’s permission. The Designating Party shall bear the burden
15 and expense of seeking protection in that court of its designated material and
16 nothing in these provisions should be construed as authorizing or encouraging a
17 Receiving Party in this Action to disobey a lawful directive from another court.
18 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
19 PRODUCED IN THIS LITIGATION
20 (a) The terms of this Order are applicable to information produced by a
21 Non-Party in this Action and designated as “CONFIDENTIAL” or “ATTORNEYS’
22 EYES ONLY.” Such information produced by Non-Parties in connection with this
23 litigation is protected by the remedies and relief provided by this Order. Nothing in
24 these provisions should be construed as prohibiting a Non-Party from seeking
25 additional protections.
26 (b) In the event that a Party is required, by a valid discovery request, to
27 produce a Non-Party’s confidential information in its possession, and the Party is
1 confidential information, then the Party shall:
2 (1) promptly notify in writing the Requesting Party and the Non-Party
3 that some or all of the information requested is subject to a confidentiality
4 agreement with a Non-Party;
5 (2) promptly provide the Non-Party with a copy of the Stipulated
6 Protective Order in this Action, the relevant discovery request(s), and a reasonably
7 specific description of the information requested; and
8 (3) make the information requested available for inspection by the
9 Non-Party, if requested.
10 (c) If the Non-Party fails to seek a protective order from this court within
11 14 days of receiving the notice and accompanying information, the Receiving Party
12 may produce the Non-Party’s confidential information responsive to the discovery
13 request. If the Non-Party timely seeks a protective order, the Receiving Party shall
14 not produce any information in its possession or control that is subject to the
15 confidentiality agreement with the Non-Party before a determination by the court.
16 Absent a court order to the contrary, the Non-Party shall bear the burden and
17 expense of seeking protection in this court of its Protected Material.
18 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
19 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
20 Protected Material to any person or in any circumstance not authorized under this
21 Stipulated Protective Order, the Receiving Party must immediately (a) notify in
22 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
23 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
24 persons to whom unauthorized disclosures were made of all the terms of this Order,
25 and (d) request such person or persons to execute the “Acknowledgment and
26 Agreement to Be Bound” that is attached hereto as Exhibit A.
27
1 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
2 PROTECTED MATERIAL
3 When a Producing Party gives notice to Receiving Parties that certain
4 inadvertently produced material is subject to a claim of privilege or other protection,
5 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
6 Procedure 26(b)(5)(B). This provision is not intended to modify whatever
7 procedure may be established in an e-discovery order that provides for production
8 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and
9 (e), insofar as the parties reach an agreement on the effect of disclosure of a
10 communication or information covered by the attorney-client privilege or work
11 product protection, the parties may incorporate their agreement in the stipulated
12 protective order submitted to the court.
13 12. MISCELLANEOUS
14 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
15 person to seek its modification by the Court in the future.
16 12.2 Right to Assert Other Objections. By stipulating to the entry of this
17 Protective Order, no Party waives any right it otherwise would have to object to
18 disclosing or producing any information or item on any ground not addressed in this
19 Stipulated Protective Order. Similarly, no Party waives any right to object on any
20 ground to use in evidence of any of the material covered by this Protective Order.
21 12.3 Use of Own or Public Information. Nothing in this Order shall impose
22 any restriction on the use of or disclosure by a Party of its own information, except
23 that Defendants agree to treat as Protected Material for the purposes of this Action
24 their records produced in this Action that fall within the definition of
25 CONFIDENTIAL or ATTORNEYS’ EYES ONLY information. Nor shall anything
26 in this Order preclude a Party from relying on or filing on the public record any
27 information that is in the public domain as a result of publication not involving a
1 and other agreements regarding the use of such information, even if the same or
2 similar information has been designated as Protected Material in the context of
3 records produced in discovery under the auspices of this Order. The fact that such
4 information is in the public domain shall not, however, provide a Party an automatic
5 right to publicly file Protected Material. If a Party wishes to argue that the fact that
6 certain information is in the public domain should result in the de-designation or
7 public filing of Protected Material, it shall proceed in accordance with the
8 provisions of this Order.
9 12.4 Filing Protected Material. A Party that seeks to file under seal any
10 Protected Material must comply with Local Civil Rule 79-5. Protected Material
11 may only be filed under seal pursuant to a court order authorizing the sealing of the
12 specific Protected Material at issue. If a Party’s request to file Protected Material
13 under seal is denied by the court, then the Receiving Party may file the information
14 in the public record unless otherwise instructed by the court.
15 13. FINAL DISPOSITION
16 After the final disposition of this Action, as defined in paragraph 4, within 90
17 days of a written request by the Designating Party, each Receiving Party must return
18 all Protected Material to the Producing Party or destroy such material. As used in
19 this subdivision, “all Protected Material” includes all copies, abstracts, compilations,
20 summaries, and any other format reproducing or capturing any of the Protected
21 Material. Whether the Protected Material is returned or destroyed, the Receiving
22 Party must submit a written certification to the Producing Party (and, if not the same
23 person or entity, to the Designating Party) by the 90 day deadline that (1) identifies
24 (by category, where appropriate) all the Protected Material that was returned or
25 destroyed and (2) affirms that the Receiving Party has not retained any copies,
26 abstracts, compilations, summaries or any other format reproducing or capturing any
27 of the Protected Material. Notwithstanding this provision, Counsel are entitled to
1 || transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert
2 || reports, attorney work product, and consultant and expert work product, even if such
3 || materials contain Protected Material. Any such archival copies that contain or
4 || constitute Protected Material remain subject to this Protective Order as set forth in
5 || Section 4 (DURATION).
6 || 14. VIOLATION
7 || Any violation of this Order may be punished by appropriate measures including,
8 || without limitation, contempt proceedings and/or monetary sanctions.
9
10 || FOR GOOD CAUSE SHOWN BY THE PARTIES’ STIPULATION, IT IS SO
11 || ORDERED.
12
13. |} DATED: March 31, 2026
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fall fi
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17 |] United Siates Magistrate Judge
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1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3
4 I, _____________________________ [print or type full name], of
5 _________________ [print or type full address], declare under penalty of perjury
6 that I have read in its entirety and understand the Stipulated Protective Order that
7 was issued by the United States District Court for the Central District of California
8 on [date] in the case of Kariye et al. v. Mullin et al., 2:22-cv-1916-FWS-PVCx
9 (C.D. Cal.). I agree to comply with and to be bound by all the terms of this
10 Stipulated Protective Order and I understand and acknowledge that failure to so
11 comply could expose me to sanctions and punishment in the nature of contempt. I
12 solemnly promise that I will not disclose in any manner any information or item that
13 is subject to this Stipulated Protective Order to any person or entity except in strict
14 compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court for the
16 Central District of California for enforcing the terms of this Stipulated Protective
17 Order, even if such enforcement proceedings occur after termination of this action.
18 I hereby appoint __________________________ [print or type full name] of
19 _______________________________________ [print or type full address and
20 telephone number] as my California agent for service of process in connection with
21 this action or any proceedings related to enforcement of this Stipulated Protective
22 Order.
23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25
26 Printed name: _______________________________
27