The opinion
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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11 NOEL PHILLIPS, CASE NO. 2:25-cv-12125-MWF-DFM
Hon. Michael W. Fitzgerald – Ctrm. 5A
12 Mag. Douglas F. McCormick – Ctrm. 6B
Plaintiff(s),
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v.
14 STIPULATED PROTECTIVE
CITY OF LOS ANGELES, a municipal
15 entity, JIM MCDONNELL, LAPD ORDER
CHIEF, sued in his oficial capacity; and
16 Does 1-10 inclusive,
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Defendant(s).
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20 1. A. PURPOSES AND LIMITATIONS
21 Discovery in this action is likely to involve production of confidential,
22 proprietary or private information for which special protection from public disclosure
23 and from use for any purpose other than prosecuting this litigation may be warranted.
24 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
25 Stipulated Protective Order. The parties acknowledge that this Order does not confer
26 blanket protections on all disclosures or responses to discovery and that the protection it
27 affords from public disclosure and use extends only to the limited information or items
1 B. GOOD CAUSE STATEMENT
2 This action involves employees of the City of Los Angeles (the “City”) which
3 include members of the City’s Los Angeles Police Department (“LAPD”). The nature
4 of the incident that gives rise to Plaintiff’s suit and Plaintiff’s claims and allegations,
5 will result in discovery production that includes: medical records; police reports and
6 evidence; investigation reports and evidence; potentially peace officer personnel
7 materials; information implicating the privacy rights of third parties (i.e., bystander
8 witnesses, emergency personnel information); information that may be privileged or
9 otherwise protected from disclosure under state or federal statutes, court rules, case
10 decisions or common law; and other private and confidential materials for which
11 require special protection from public disclosure.
12 Specifically, Plaintiff is seeking materials and information that Defendants
13 maintain as confidential such as personnel files of the police and/or sworn officers
14 involved in this incident, Internal Affairs materials and information, video recordings,
15 audio recordings, photographs, and information and other administrative materials and
16 information currently in the possession of the City and which Defendants believe need
17 special protection from public disclosure and from use for any purpose other than
18 prosecuting this litigation. Plaintiff may also seek official information contained in the
19 personnel files of the police and/or sworn officers involved in the subject incident,
20 which are maintained as strictly confidential and which Defendants believe need special
21 protection from public disclosure and from use for any purpose other than prosecuting
22 this litigation.
23 Defendants assert that the confidentiality of the materials and information sought
24 by Plaintiff is recognized by California and federal law, as evidenced inter alia by
25 California Penal Code section 832.7 and Kerr v. United States Dist. Ct. for N.D. Cal.,
26 511 F.2d 192, 198 (9th Cir. 1975), aff'd, 426 U.S. 394 (1976). Defendants have not
27 publicly released the materials and information referenced above except under
1 information are of the type that has been used to initiate disciplinary action against the
2 City’s respective employees, and has been used as evidence in disciplinary proceedings,
3 where the employee conduct was considered to be contrary to policy.
4 Defendants contend that absent a protective order delineating the responsibilities
5 of nondisclosure on the part of the parties hereto, there is a specific risk of unnecessary
6 and undue disclosure by one or more of the many attorneys, secretaries, law clerks,
7 paralegals and expert witnesses involved in this case, as well as the corollary risk of
8 embarrassment, harassment and professional and legal harm on the part of the City’s
9 employees referenced in the materials and information.
10 Defendants also contend that the unfettered disclosure of the materials and
11 information, absent a protective order, would allow the media to share this information
12 with potential jurors in the area, impacting the rights of Defendants herein to receive a
13 fair trial.
14 Accordingly, to expedite the flow of information, to facilitate the prompt
15 resolution of disputes over confidentiality of discovery materials, to adequately protect
16 information the parties are entitled to keep confidential, to ensure that the parties are
17 permitted reasonable necessary uses of such material in preparation for and in the
18 conduct of trial, to address their handling at the end of the litigation, and serve the ends
19 of justice, a protective order for such information is justified in this matter. It is the
20 intent of the parties that information will not be designated as confidential for tactical
21 reasons and that nothing be so designated without a good faith belief that it has been
22 maintained in a confidential, non-public manner, and there is good cause why it should
23 not be part of the public record of this case.
24 Plaintiff agrees that there is Good Cause for a Protective Order so as to preserve
25 the respective interests of the parties while streamlining the process of resolving any
26 disagreements.
27 The parties therefore stipulate that there is Good Cause for, and hereby jointly
1 documents consistent with the terms and provisions of this Stipulation. However, the
2 entry of a Protective Order by the Court pursuant to this Stipulation shall not be
3 construed as any ruling by the Court on the aforementioned legal statements or privilege
4 claims in this section, nor shall this section be construed as part of any such Court
5 Order.
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7 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL
8 The parties further acknowledge, as set forth in Section 12.3, below, that this
9 Stipulated Protective Order does not entitle them to file confidential information under
10 seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and the
11 standards that will be applied when a party seeks permission from the Court to file
12 material under seal.
13 There is a strong presumption that the public has a right of access to judicial
14 proceedings and records in civil cases. In connection with non-dispositive motions,
15 good cause must be shown to support a filing under seal. See Kamakana v. City and
16 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors
17 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, Inc.,
18 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require good
19 cause showing), and a specific showing of good cause or compelling reasons with
20 proper evidentiary support and legal justification, must be made with respect to
21 Protected Material that a party seeks to file under seal. The parties’ mere designation of
22 Disclosure or Discovery Material as CONFIDENTIAL does not—without the
23 submission of competent evidence by declaration, establishing that the material sought
24 to be filed under seal qualifies as confidential, privileged, or otherwise protectable—
25 constitute good cause.
26 Further, if a party requests sealing related to a dispositive motion or trial, then
27 compelling reasons, not only good cause, for the sealing must be shown, and the relief
1 Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each item
2 or type of information, document, or thing sought to be filed or introduced under seal in
3 connection with a dispositive motion or trial, the party seeking protection must
4 articulate compelling reasons, supported by specific facts and legal justification, for the
5 requested sealing order. Again, competent evidence supporting the application to file
6 documents under seal must be provided by declaration.
7 Any document that is not confidential, privileged, or otherwise protectable in its
8 entirety will not be filed under seal if the confidential portions can be redacted. If
9 documents can be redacted, then a redacted version for public viewing, omitting only
10 the confidential, privileged, or otherwise protectable portions of the document shall be
11 filed. Any application that seeks to file documents under seal in their entirety should
12 include an explanation of why redaction is not feasible.
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14 2. DEFINITIONS
15 2.1 Action: Noel Phillips v. City of Los Angeles, et al., USDC Case No. 2:25-
16 cv-12125-MWF-DFM.
17 2.2 Challenging Party: a Party or Non-Party that challenges the designation of
18 information or items under this Order.
19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of how
20 it is generated, stored or maintained) or tangible things that qualify for protection under
21 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause
22 Statement.
23 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as their
24 support staff).
25 2.5 Designating Party: a Party or Non-Party that designates information or
26 items that it produces in disclosures or in responses to discovery as
27 “CONFIDENTIAL.”
1 the medium or manner in which it is generated, stored, or maintained (including, among
2 other things, testimony, transcripts, and tangible things) that are produced or generated
3 in disclosures or responses to discovery in this matter.
4 2.7 Expert: a person with specialized knowledge or experience in a matter
5 pertinent to the litigation who has been retained by a Party or its counsel to serve as an
6 expert witness or as a consultant in this Action.
7 2.8 House Counsel: attorneys who are employees of a party to this Action.
8 House Counsel does not include Outside Counsel of Record or any other outside
9 counsel.
10 2.9 Non-Party: any natural person, partnership, corporation, association or
11 other legal entity not named as a Party to this Action.
12 2.10 Outside Counsel of Record: attorneys who are not employees of a party to
13 this Action but are retained to represent or advise a party to this Action and have
14 appeared in this Action on behalf of that party or are affiliated with a law firm that has
15 appeared on behalf of that party, and includes support staff.
16 2.11 Party: any party to this Action, including all of its officers, directors,
17 employees, consultants, retained experts, and Outside Counsel of Record (and their
18 support staffs).
19 2.12 Producing Party: a Party or Non-Party that produces Disclosure or
20 Discovery Material in this Action.
21 2.13 Professional Vendors: persons or entities that provide litigation support
22 services (e.g., photocopying, videotaping, translating, preparing exhibits or
23 demonstrations, and organizing, storing, or retrieving data in any form or medium) and
24 their employees and subcontractors.
25 2.14 Protected Material: any Disclosure or Discovery Material that is
26 designated as “CONFIDENTIAL.”
27 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material
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2 3. SCOPE
3 The protections conferred by this Stipulation and Order cover not only Protected
4 Material (as defined above), but also (1) any information copied or extracted from
5 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected
6 Material; and (3) any testimony, conversations, or presentations by Parties or their
7 Counsel that might reveal Protected Material.
8 Any use of Protected Material at trial shall be governed by the orders of the trial
9 judge. This Order does not govern the use of Protected Material at trial.
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11 4. DURATION
12 Once a case proceeds to trial, information that was designated as
13 CONFIDENTIAL or maintained pursuant to this protective order used or introduced as
14 an exhibit at trial becomes public and will be presumptively available to all members of
15 the public, including the press, unless compelling reasons supported by specific factual
16 findings to proceed otherwise are made to the trial judge in advance of the trial. See
17 Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for sealing
18 documents produced in discovery from “compelling reasons” standard when merits-
19 related documents are part of court record). Accordingly, the terms of this protective
20 order do not extend beyond the commencement of the trial.
21 After final disposition of this litigation, the confidentiality obligations imposed
22 by this Stipulated Protective Order shall remain in effect for items not entered into
23 evidence at trial and compliance with Section 13 below must be adhered to.
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25 5. DESIGNATING PROTECTED MATERIAL
26 5.1 Exercise of Restraint and Care in Designating Material for Protection.
27 Each Party or Non-Party that designates information or items for protection under this
1 under the appropriate standards. The Designating Party must designate for protection
2 only those parts of material, documents, items or oral or written communications that
3 qualify so that other portions of the material, documents, items or communications for
4 which protection is not warranted are not swept unjustifiably within the ambit of this
5 Order.
6 Mass, indiscriminate or routinized designations are prohibited. Designations that
7 are shown to be clearly unjustified or that have been made for an improper purpose
8 (e.g., to unnecessarily encumber the case development process or to impose
9 unnecessary expenses and burdens on other parties) may expose the Designating Party
10 to sanctions.
11 If it comes to a Designating Party’s attention that information or items that it
12 designated for protection do not qualify for protection, that Designating Party must
13 promptly notify all other Parties that it is withdrawing the inapplicable designation.
14 5.2 Manner and Timing of Designations. Except as otherwise provided in this
15 Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or
16 ordered, Disclosure or Discovery Material that qualifies for protection under this Order
17 must be clearly so designated before the material is disclosed or produced.
18 Designation in conformity with this Order requires:
19 (a) for information in documentary form (e.g., paper or electronic documents,
20 but excluding transcripts of depositions or other pretrial or trial proceedings), that the
21 Producing Party affix at a minimum, the legend “CONFIDENTIAL” (hereinafter
22 “CONFIDENTIAL legend”), to each page that contains protected material. If only a
23 portion of the material on a page qualifies for protection, the Producing Party also must
24 clearly identify the protected portion(s) (e.g., by making appropriate markings in the
25 margins).
26 A Party or Non-Party that makes original documents available for inspection
27 need not designate them for protection until after the inspecting Party has indicated
1 the designation, all of the material made available for inspection shall be deemed
2 “CONFIDENTIAL.” After the inspecting Party has identified the documents it wants
3 copied and produced, the Producing Party must determine which documents, or portions
4 thereof, qualify for protection under this Order. Then, before producing the specified
5 documents, the Producing Party must affix the “CONFIDENTIAL legend” to each page
6 that contains Protected Material. If only a portion of the material on a page qualifies for
7 protection, the Producing Party also must clearly identify the protected portion(s) (e.g.,
8 by making appropriate markings in the margins).
9 (b) for testimony given in depositions that the Designating Party identifies the
10 Disclosure or Discovery Material on the record, before the close of the deposition all
11 protected testimony.
12 (c) for information produced in some form other than documentary and for
13 any other tangible items, that the Producing Party affix in a prominent place on the
14 exterior of the container or containers in which the information is stored the legend
15 “CONFIDENTIAL.” If only a portion or portions of the information warrants
16 protection, the Producing Party, to the extent practicable, shall identify the protected
17 portion(s).
18 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
19 failure to designate qualified information or items does not, standing alone, waive the
20 Designating Party’s right to secure protection under this Order for such material. Upon
21 timely correction of a designation, the Receiving Party must make reasonable efforts to
22 assure that the material is treated in accordance with the provisions of this Order.
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24 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
25 6.1 Timing of Challenges. Any Party or Non-Party may challenge a
26 designation of confidentiality at any time that is consistent with the Court’s Scheduling
27 Order.
1 resolution process under Local Rule 37.1 et seq.
2 6.3 The burden of persuasion in any such challenge proceeding shall be on the
3 Designating Party. Frivolous challenges, and those made for an improper purpose (e.g.,
4 to harass or impose unnecessary expenses and burdens on other parties) may expose the
5 Challenging Party to sanctions. Unless the Designating Party has waived or withdrawn
6 the confidentiality designation, all parties shall continue to afford the material in
7 question the level of protection to which it is entitled under the Producing Party’s
8 designation until the Court rules on the challenge.
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10 7. ACCESS TO AND USE OF PROTECTED MATERIAL
11 7.1 Basic Principles. A Receiving Party may use Protected Material that is
12 disclosed or produced by another Party or by a Non-Party in connection with this
13 Action only for prosecuting, defending or attempting to settle this Action. Such
14 Protected Material may be disclosed only to the categories of persons and under the
15 conditions described in this Order. When the Action has been terminated, a Receiving
16 Party must comply with the provisions of section 13 below (FINAL DISPOSITION).
17 Protected Material must be stored and maintained by a Receiving Party at a
18 location and in a secure manner that ensures that access is limited to the persons
19 authorized under this Order.
20 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
21 ordered by the Court or permitted in writing by the Designating Party, a Receiving
22 Party may disclose any information or item designated “CONFIDENTIAL” only to:
23 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
24 employees of said Outside Counsel of Record to whom it is reasonably necessary to
25 disclose the information for this Action;
26 (b) the officers, directors, and employees (including House Counsel) of the
27 Receiving Party to whom disclosure is reasonably necessary for this Action;
1 disclosure is reasonably necessary for this Action and who have signed the
2 “Acknowledgment and Agreement to Be Bound” (Exhibit A);
3 (d) the Court and its personnel;
4 (e) court reporters and their staff;
5 (f) professional jury or trial consultants, mock jurors, and Professional
6 Vendors to whom disclosure is reasonably necessary for this Action and who have
7 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
8 (g) the author or recipient of a document containing the information or a
9 custodian or other person who otherwise possessed or knew the information;
10 (h) during their depositions, witnesses, and attorneys for witnesses, in the
11 Action to whom disclosure is reasonably necessary provided: (1) the deposing party
12 requests that the witness sign the form attached as Exhibit A hereto; and (2) they will
13 not be permitted to keep any confidential information unless they sign the
14 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed
15 by the Designating Party or ordered by the Court. Pages of transcribed deposition
16 testimony or exhibits to depositions that reveal Protected Material may be separately
17 bound by the court reporter and may not be disclosed to anyone except as permitted
18 under this Stipulated Protective Order; and
19 (i) any mediator or settlement officer, and their supporting personnel,
20 mutually agreed upon by any of the parties engaged in settlement discussions.
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22 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
23 OTHER LITIGATION
24 If a Party is served with a subpoena or a court order issued in other litigation that
25 compels disclosure of any information or items designated in this Action as
26 “CONFIDENTIAL,” that Party must:
27 (a) promptly notify in writing the Designating Party. Such notification shall
1 (b) promptly notify in writing the party who caused the subpoena or order to
2 issue in the other litigation that some or all of the material covered by the subpoena or
3 order is subject to this Protective Order. Such notification shall include a copy of this
4 Stipulated Protective Order; and
5 (c) cooperate with respect to all reasonable procedures sought to be pursued
6 by the Designating Party whose Protected Material may be affected.
7 If the Designating Party timely seeks a protective order, the Party served with the
8 subpoena or court order shall not produce any information designated in this action as
9 “CONFIDENTIAL” before a determination by the court from which the subpoena or
10 order issued, unless the Party has obtained the Designating Party’s permission. The
11 Designating Party shall bear the burden and expense of seeking protection in that court
12 of its confidential material and nothing in these provisions should be construed as
13 authorizing or encouraging a Receiving Party in this Action to disobey a lawful
14 directive from another court.
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16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED
17 IN THIS LITIGATION
18 (a) The terms of this Order are applicable to information produced by a Non-
19 Party in this Action and designated as “CONFIDENTIAL.” Such information produced
20 by Non-Parties in connection with this litigation is protected by the remedies and relief
21 provided by this Order. Nothing in these provisions should be construed as prohibiting
22 a Non-Party from seeking additional protections.
23 (b) In the event that a Party is required, by a valid discovery request, to
24 produce a Non-Party’s confidential information in its possession, and the Party is
25 subject to an agreement with the Non-Party not to produce the Non-Party’s confidential
26 information, then the Party shall:
27 (1) promptly notify in writing the Requesting Party and the Non-Party that
1 Non-Party;
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3 (2) promptly provide the Non-Party with a copy of the Stipulated
4 Protective Order in this Action, the relevant discovery request(s), and a reasonably
5 specific description of the information requested; and
6 (3) make the information requested available for inspection by the Non-
7 Party, if requested.
8 (c) If the Non-Party fails to seek a protective order from this Court within 14
9 days of receiving the notice and accompanying information, the Receiving Party may
10 produce the Non-Party’s confidential information responsive to the discovery request.
11 If the Non-Party timely seeks a protective order, the Receiving Party shall not produce
12 any information in its possession or control that is subject to the confidentiality
13 agreement with the Non-Party before a determination by the Court. Absent a court
14 order to the contrary, the Non-Party shall bear the burden and expense of seeking
15 protection in this Court of its Protected Material.
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17 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
19 Protected Material to any person or in any circumstance not authorized under this
20 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing
21 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
22 all unauthorized copies of the Protected Material, (c) inform the person or persons to
23 whom unauthorized disclosures were made of all the terms of this Order, and (d)
24 request such person or persons to execute the “Acknowledgment and Agreement to Be
25 Bound” that is attached hereto as Exhibit A.
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27 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
1 When a Producing Party gives notice to Receiving Parties that certain
2 inadvertently produced material is subject to a claim of privilege or other protection, the
3 obligations of the Receiving Parties are those set forth in Federal Rule of Civil
4 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
5 may be established in an e-discovery order that provides for production without prior
6 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
7 parties reach an agreement on the effect of disclosure of a communication or
8 information covered by the attorney-client privilege or work product protection, the
9 parties may incorporate their agreement in the stipulated protective order submitted to
10 the Court.
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12 12. MISCELLANEOUS
13 12.1 Right to Further Relief. Nothing in this Order abridges the right of any
14 person to seek its modification by the Court in the future.
15 12.2 Right to Assert Other Objections. By stipulating to the entry of this
16 Protective Order, no Party waives any right it otherwise would have to object to
17 disclosing or producing any information or item on any ground not addressed in this
18 Stipulated Protective Order. Similarly, no Party waives any right to object on any
19 ground to use in evidence of any of the material covered by this Protective Order.
20 12.3 Filing Protected Material. A Party that seeks to file under seal any
21 Protected Material must comply with Local Civil Rule 79-5. Protected Material may
22 only be filed under seal pursuant to a court order authorizing the sealing of the specific
23 Protected Material at issue. If a Party’s request to file Protected Material under seal is
24 denied by the Court, then the Receiving Party may file the information in the public
25 record unless otherwise instructed by the Court.
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27 13. FINAL DISPOSITION
1 || days of a written request by the Designating Party, each Receiving Party must return all
2 || Protected Material to the Producing Party or destroy such material. As used in this
3 || subdivision, “all Protected Material” includes all copies, abstracts, compilations,
4 ||summaries, and any other format reproducing or capturing any of the Protected
5 || Material. Whether the Protected Material is returned or destroyed, the Receiving Party
6 || must submit a written certification to the Producing Party (and, if not the same person
7 || or entity, to the Designating Party) by the 60 day deadline that (1) identifies (by
8 || category, where appropriate) all the Protected Material that was returned or destroyed
9 || and (2) affirms that the Receiving Party has not retained any copies, abstracts,
10 compilations, summaries or any other format reproducing or capturing any of the
11 || Protected Material. Notwithstanding this provision, Counsel are entitled to retain an
12 archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
13 || legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney
14 || work product, and consultant and expert work product, even if such materials contain
15 || Protected Material. Any such archival copies that contain or constitute Protected
16 || Material remain subject to this Protective Order as set forth in Section 4 (DURATION).
17 14. VIOLATION
18 Any violation of this Order may be punished by appropriate measures including,
19 || without limitation, contempt proceedings and/or monetary sanctions.
20
21 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
22
23 || DATED: June 8, 2026
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26 || HON. DOUGLAS F. MCCORMICK
United States Magistrate Judge
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