The opinion
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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10 ESTATE OF OSCAR GUIZAR, Case No. 1:25-cv-01653-SAB
11 Plaintiff, ORDER REGARDING STIPULATED
PROTECTIVE ORDER
12 v.
(ECF No. 22)
13 CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION, et
14 al.,
15 Defendants.
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17 1. PURPOSE AND LIMITATIONS
18 Disclosure and discovery activity in this action are likely to involve production of
19 confidential, proprietary, or private information for which special protection from public
20 disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
21 Accordingly, the parties hereby stipulate to and petition the Court to enter the following
22 Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket
23 protections on all disclosures or responses to discovery and that the protection it affords from
24 public disclosure and use extends only to the limited information or items that are entitled to
25 confidential treatment under the applicable legal principles. The parties further acknowledge, as
26 set forth in Section 13.3, below, that this Stipulated Protective Order does not entitle them to file
27 confidential information under seal. Civil Local Rules 140 and 141 sets forth the procedures that
1 must be followed and the standards that will be applied when a party seeks permission from the
2 Court to file material under seal.
3 2. DEFINITIONS
4 2.1 Challenging Party: a Party or Non-Party that challenges the designation of
5 information or items under this Order.
6 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is
7 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
8 of Civil Procedure 26(c).
9 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
10 well as their support staff).
11 2.4 Designating Party: a Party or Non-Party that designates information or items that
12 it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
13 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
14 2.5 Disclosure or Discovery Material: all items or information, regardless of the
15 medium or manner in which it is generated, stored, or maintained (including, among other things,
16 testimony, transcripts, and tangible things), that are produced or generated in disclosures or
17 responses to discovery in this matter.
18 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent
19 to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as
20 a consultant in this action.
21 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
22 Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another
23 Party or Non-Party would create a substantial risk of serious harm that could not be avoided by
24 less restrictive means.
25 2.8 House Counsel: attorneys who are employees of a party to this action. House
26 Counsel does not include Outside Counsel of Record or any other outside counsel.
27 2.9 Non-Party: any natural person, partnership, corporation, association, or other
1 2.10 Outside Counsel of Record: attorneys who are not employees of a party to this
2 action but are retained to represent or advise a party to this action and have appeared in this
3 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of
4 that party.
5 2.11 Party: any party to this action, including all of its officers, directors, employees,
6 consultants, retained experts, and Outside Counsel of Record (and their support staffs).
7 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
8 Material in this action.
9 2.13 Professional Vendors: persons or entities that provide litigation support services
10 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
11 organizing, storing, or retrieving data in any form or medium) and their employees and
12 subcontractors.
13 2.14 Protected Material: any Disclosure or Discovery Material that is designated as
14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
15 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a
16 Producing Party.
17 3. SCOPE
18 The protections conferred by this Stipulation and Order cover not only Protected Material
19 (as defined above), but also (1) any information copied or extracted from Protected Material; (2)
20 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
21 conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
22 However, the protections conferred by this Stipulation and Order do not cover the following
23 information: (a) any information that is in the public domain at the time of disclosure to a
24 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
25 a result of publication not involving a violation of this Order, including becoming part of the
26 public record through trial or otherwise; and (b) any information known to the Receiving Party
27 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
1 obtained the information lawfully and under no obligation of confidentiality to the Designating
2 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
3 4. EASTERN DISTRICT LOCAL RULE 141.1 REQUIREMENTS.
4 4.1 A description of the types of information eligible for protection under the order,
5 with the description provided in general terms sufficient to reveal the nature of the information.
6 Defendants, through the California Department of Corrections and Rehabilitation
7 (“CDCR”), are in custody of confidential records regarding the decedent Oscar Guizar,
8 concerning, among other matters, criminal investigations of the decedent’s suspected criminal
9 activity within the CDCR, incident reports, confidential documents containing information about
10 criminal activity and identifying enemies of the decedent.
11 4.2 A showing of particularized need for protection as to each category of information
12 proposed to be covered by the order.
13 CDCR’s confidential documents regarding the decedent Oscar Guizar which are sensitive
14 and confidential, may be produced in this litigation, and disclosure of such materials to the
15 individual parties to this litigation and persons not a party to this litigation will severely
16 compromise CDCR’s ability to maintain institutional security and the safety of CDCR staff,
17 inmates, and the community. CDCR acknowledges that counsel may need to discuss such
18 information with their clients in litigating these claims. However, allowing the non-CDCR
19 parties to actually possess physical copies of such information creates an unacceptable security
20 risk that the information will be distributed to other inmates throughout the CDCR.
21 CDCR has developed, maintained, and preserved, in the normal course of business, such
22 materials as confidential official information, and has maintained that confidentiality. Such
23 materials are privileged and sensitive materials, and their disclosure and distribution to the
24 inmate population would severely and adversely impact CDCR correctional officers’ ability to
25 maintain discipline and ensure the safety and security of inmates and staff, and endanger the
26 correctional officers, staff, other inmates, the prison, and, possibly, the greater community.
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1 4.3 A showing as to why the need for protection should be addressed by a court order,
2 as opposed to a private agreement between or among the parties.
3 The release of sensitive and confidential information regarding the decedent Oscar
4 Guizar to non-parties and inmates allows the inmates access to CDCR methods, strategies, and
5 tactics in ensuring and restoring safety and order during incidents in the prisons. Disclosure of
6 confidential materials would jeopardize the safety and security of other inmates, and all staff
7 because the inmates would have a knowledge and understanding of staff responses to various
8 incidents, and the inmates would be able to strategize and plan activities in advance, knowing
9 what the response may be.
10 5. DURATION
11 Even after final disposition of this litigation, the confidentiality obligations imposed by
12 this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court
13 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
14 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after
15 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
16 action, including the time limits for filing any motions or applications for extension of time
17 pursuant to applicable law.
18 6. DESIGNATING PROTECTED MATERIAL
19 6.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party
20 or Non-Party that designates information or items for protection under this Order must take care
21 to limit any such designation to specific material that qualifies under the appropriate standards.
22 The Designating Party must designate for protection only those parts of material, documents,
23 items, or oral or written communications that qualify – so that other portions of the material,
24 documents, items, or communications for which protection is not warranted are not swept
25 unjustifiably within the ambit of this Order.
26 Mass, indiscriminate, or routinized designations are prohibited. Designations that are
27 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to
1 unnecessarily encumber or retard the case development process or to impose unnecessary
2 expenses and burdens on other parties) expose the Designating Party to sanctions.
3 If it comes to a Designating Party’s attention that information or items that it designated
4 for protection do not qualify for protection, that Designating Party must promptly notify all other
5 Parties that it is withdrawing the mistaken designation.
6 6.2 Manner and Timing of Designations. Except as otherwise provided in this Order,
7 or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for
8 protection under this Order must be clearly so designated before the material is disclosed or
9 produced.
10 Designation in conformity with this Order requires:
11 (a) for information in documentary form (e.g., paper or electronic documents, but
12 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
13 Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
14 EYES ONLY” to each page that contains protected material. If only a portion or portions of the
15 material on a page qualifies for protection, the Producing Party also must clearly identify the
16 protected portion(s) (e.g., by making appropriate markings in the margins).
17 A Party or Non-Party that makes original documents or materials available for inspection
18 need not designate them for protection until after the inspecting Party has indicated which
19 material it would like copied and produced. During the inspection and before the designation, all
20 of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –
21 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants
22 copied and produced, the Producing Party must determine which documents, or portions thereof,
23 qualify for protection under this Order. Then, before producing the specified documents, the
24 Producing Party must affix the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
25 ATTORNEYS’ EYES ONLY” legend to each page that contains Protected Material. If only a
26 portion or portions of the material on a page qualifies for protection, the Producing Party also
27 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the
1 (b) for testimony given in deposition or in other pretrial or trial proceedings, that
2 the Designating Party identify on the record, before the close of the deposition, hearing, or other
3 proceeding, all protected testimony. When it is impractical to identify separately each portion of
4 testimony that is entitled to protection and it appears that portions of the testimony may qualify
5 for protection, the Designating Party may invoke on the record (before the deposition, hearing, or
6 other proceeding is concluded) a right to have up to 30 days after receipt of the final deposition
7 transcript or copy thereof (or written notice that the transcript is available) to identify the specific
8 portions of the testimony as to which protection is sought and to specify the level of protection
9 being asserted. Only those portions of the testimony that are appropriately designated for
10 protection within the 30 days shall be covered by the provisions of this Stipulated Protective
11 Order. Alternatively, a Designating Party may specify, at the deposition or up to 30 days after
12 receipt of the final deposition transcript or copy thereof (or written notice that the transcript is
13 available) if that period is properly invoked, that the entire transcript shall be treated as
14 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
15 Parties shall give the other Parties notice if they reasonably expect a deposition,
16 hearing or other proceeding to include Protected Material so that the other Parties can ensure that
17 only authorized individuals who have signed the “Acknowledgment and Agreement to Be
18 Bound” (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a
19 deposition shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY
20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.
21 Transcripts containing Protected Material shall have an obvious legend on the title
22 page that the transcript contains Protected Material. Any transcript that is prepared before the
23 expiration of a 30-day period for designation shall be treated during that period as if it had been
24 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
25 otherwise agreed. After the expiration of that period, the transcript shall be treated only as
26 actually designated.
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1 (c) for information produced in some form other than documentary and for any
2 other tangible items, that the Producing Party affix in a prominent place on the exterior of the
3 container or containers in which the information or item is stored the legend “CONFIDENTIAL”
4 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions
5 of the information warrants protection, the Producing Party, to the extent practicable, shall
6 identify the protected portion(s).
7 6.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
8 designate qualified information or items does not, standing alone, waive the Designating Party’s
9 right to secure protection under this Order for such material. Upon timely correction of a
10 designation, the Receiving Party must make reasonable efforts to assure that the material is
11 treated in accordance with the provisions of this Order.
12 7. CHALLENGING CONFIDENTIALITY DESIGNATIONS
13 7.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of
14 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
15 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic
16 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
17 challenge a confidentiality designation by electing not to mount a challenge promptly after the
18 original designation is disclosed.
19 7.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
20 process by providing written notice of each designation it is challenging and describing the basis
21 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written
22 notice must recite that the challenge to confidentiality is being made in accordance with this
23 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in
24 good faith and must begin the process by conferring directly (in voice to voice dialogue; other
25 forms of communication are not sufficient) within 14 days of the date of service of notice. In
26 conferring, the Challenging Party must explain the basis for its belief that the confidentiality
27 designation was not proper and must give the Designating Party an opportunity to review the
1 to explain the basis for the chosen designation. A Challenging Party may proceed to the next
2 stage of the challenge process only if it has engaged in this meet and confer process first or
3 establishes that the Designating Party is unwilling to participate in the meet and confer process in
4 a timely manner.
5 7.3 Judicial Intervention. If the Parties cannot resolve a challenge without court
6 intervention, the Designating Party shall file and serve a motion to retain confidentiality under
7 Civil Local Rule 230 (and in compliance with Civil Local Rules 140, 141, and 141.1(e), if
8 applicable) within 21 days of the initial notice of challenge or within 14 days of the parties
9 agreeing that the meet and confer process will not resolve their dispute, whichever is earlier.
10 Each such motion must be accompanied by a competent declaration affirming that the movant
11 has complied with the meet and confer requirements imposed in the preceding paragraph. Failure
12 by the Designating Party to make such a motion including the required declaration within 21
13 days (or 14 days, if applicable) shall automatically waive the confidentiality designation for each
14 challenged designation. In addition, the Challenging Party may file a motion challenging a
15 confidentiality designation at any time if there is good cause for doing so, including a challenge
16 to the designation of a deposition transcript or any portions thereof. Any motion brought
17 pursuant to this provision must be accompanied by a competent declaration affirming that the
18 movant has complied with the meet and confer requirements imposed by the preceding
19 paragraph.
20 The burden of persuasion in any such challenge proceeding shall be on the Designating
21 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
22 unnecessary expenses and burdens on other parties) may expose the Challenging Party to
23 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to
24 file a motion to retain confidentiality as described above, all parties shall continue to afford the
25 material in question the level of protection to which it is entitled under the Producing Party’s
26 designation until the court rules on the challenge.
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1 8. ACCESS TO AND USE OF PROTECTED MATERIAL
2 8.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed
3 or produced by another Party or by a Non-Party in connection with this case only for
4 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be
5 disclosed only to the categories of persons and under the conditions described in this Order.
6 When the litigation has been terminated, a Receiving Party must comply with the provisions of
7 section 14 below (FINAL DISPOSITION).
8 Protected Material must be stored and maintained by a Receiving Party at a location and
9 in a secure manner that ensures that access is limited to the persons authorized under this Order.
10 8.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
11 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may
12 disclose any information or item designated “CONFIDENTIAL” only to:
13 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
14 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
15 information for this litigation and who have signed the “Acknowledgement and Agreement to Be
16 Bound” that is attached hereto as Exhibit A;
17 (b) the officers, directors, and employees (including House Counsel) of the
18 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have
19 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
20 (c) the named plaintiff who has signed the “Acknowledgment and Agreement to
21 Be Bound” (Exhibit A);
22 (d) Experts (as defined in this Order) of the Receiving Party to whom disclosure
23 is reasonably necessary for this litigation and who have signed the “Acknowledgment and
24 Agreement to Be Bound” (Exhibit A);
25 (e) the Court and its personnel;
26 (f) court reporters and their staff, professional jury or trial consultants, mock
27 jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation
1 (g) during their depositions, witnesses in the action to whom disclosure is
2 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
3 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court; and
4 (h) the author or recipient of a document containing the information or a
5 custodian or other person who otherwise possessed or knew the information.
6 8.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
7 Information or Items.
8 Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a
9 Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL
10 – ATTORNEYS’ EYES ONLY” only to:
11 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as
12 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
13 information for this litigation and who have signed the “Acknowledgment and Agreement to Be
14 Bound” that is attached hereto as Exhibit A;
15 (b) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
16 reasonably necessary for this litigation and who have signed the “Acknowledgment and
17 Agreement to Be Bound” (Exhibit A);
18 (c) the Court and its personnel;
19 (d) court reporters and their staff, professional jury or trial consultants, and
20 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who
21 have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
22 (e) during their depositions, witnesses in the action to whom disclosure is
23 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
24 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court; and
25 (f) the author or recipient of a document containing the information or a custodian
26 or other person who otherwise possessed or knew the information.
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1 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
2 OTHER LITIGATION
3 If a Party is served with a subpoena or a court order issued in other litigation that compels
4 disclosure of any information or items designated in this action as “CONFIDENTIAL” or
5 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
6 (a) promptly notify in writing the Designating Party. Such notification shall
7 include a copy of the subpoena or court order;
8 (b) promptly notify in writing the party who caused the subpoena or order to issue
9 in the other litigation that some or all of the material covered by the subpoena or order is subject
10 to this Protective Order. Such notification shall include a copy of this Stipulated Protective
11 Order; and
12 (c) cooperate with respect to all reasonable procedures sought to be pursued by
13 the Designating Party whose Protected Material may be affected.
14 If the Designating Party timely seeks a protective order, the Party served with the
15 subpoena or court order shall not produce any information designated in this action as
16 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a
17 determination by the Court from which the subpoena or order issued, unless the Party has
18 obtained the Designating Party’s permission. The Designating Party shall bear the burden and
19 expense of seeking protection in that court of its confidential material – and nothing in these
20 provisions should be construed as authorizing or encouraging a Receiving Party in this action to
21 disobey a lawful directive from another court.
22 10. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
23 THIS LITIGATION
24 (a) The terms of this Order are applicable to information produced by a Non-Party in
25 this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
26 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with
27 this litigation is protected by the remedies and relief provided by this Order. Nothing in these
1 (b) In the event that a Party is required, by a valid discovery request, to produce a
2 Non-Party’s confidential information in its possession, and the Party is subject to an agreement
3 with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall:
4 (1) promptly notify in writing the Requesting Party and the Non-Party that some
5 or all of the information requested is subject to a confidentiality agreement with a Non-Party;
6 (2) promptly provide the Non-Party with a copy of the Stipulated Protective
7 Order in this litigation, the relevant discovery request(s), and a reasonably specific description of
8 the information requested; and
9 (3) make the information requested available for inspection by the Non-Party.
10 (c) If the Non-Party fails to object or seek a protective order from this Court within 14
11 days of receiving the notice and accompanying information, the Receiving Party may produce
12 the Non-Party’s confidential information responsive to the discovery request. If the Non-Party
13 timely seeks a protective order, the Receiving Party shall not produce any information in its
14 possession or control that is subject to the confidentiality agreement with the Non-Party before a
15 determination by the Court. Absent a court order to the contrary, the Non-Party shall bear the
16 burden and expense of seeking protection in this Court of its Protected Material.
17 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected
19 Material to any person or in any circumstance not authorized under this Stipulated Protective
20 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the
21 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
22 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were
23 made of all the terms of this Order, and (d) request such person or persons to execute the
24 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A.
25 12. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
26 PROTECTED MATERIAL
27 When a Producing Party gives notice to Receiving Parties that certain inadvertently
1 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This
2 provision is not intended to modify whatever procedure may be established in an e-discovery
3 order that provides for production without prior privilege review. Pursuant to Federal Rule of
4 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a
5 communication or information covered by the attorney-client privilege or work product
6 protection, the parties may incorporate their agreement in the stipulated protective order
7 submitted to the Court.
8 13. MISCELLANEOUS
9 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to
10 seek its modification by the Court in the future.
11 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective
12 Order, no Party waives any right it otherwise would have to object to disclosing or producing
13 any information or item on any ground not addressed in this Stipulated Protective Order.
14 Similarly, no Party waives any right to object on any ground to use in evidence of any of the
15 material covered by this Protective Order.
16 13.3 Filing Protected Material. Without written permission from the Designating Party
17 or a court order secured after appropriate notice to all interested persons, a Party may not file in
18 the public record in this action any Protected Material. A Party that seeks to file under seal any
19 Protected Material must comply with Civil Local Rules 140, 141, and 141.1(e). Protected
20 Material may only be filed under seal pursuant to a court order authorizing the sealing of the
21 specific Protected Material at issue. Local Rule 141.
22 14. FINAL DISPOSITION
23 Within 60 days after the final disposition of this action, as defined in paragraph 4, each
24 Receiving Party must return all Protected Material to the Producing Party or destroy such
25 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
26 compilations, summaries, and any other format reproducing or capturing any of the Protected
27 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must
1 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all
2 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has
3 not retained any copies, abstracts, compilations, summaries or any other format reproducing or
4 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to
5 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts,
6 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work
7 product, and consultant and expert work product, even if such materials contain Protected
8 Material. Any such archival copies that contain or constitute Protected Material remain subject to
9 this Protective Order as set forth in Section 5 (DURATION).
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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],
6 declare under penalty of perjury that I have read in its entirety and understand the Stipulated
7 Protective Order that was issued by the United States District Court for the Eastern District of
8 California on ____________ [date] in the case of Estate of Oscar Guizar v. California Dept. of
9 Corrections and Rehabilitation, et al., 1:25-cv-01653-SAB (E.D. Cal.). I agree to comply with
10 and to be bound by all the terms of this Stipulated Protective Order and I understand and
11 acknowledge that failure to so comply could expose me to sanctions and punishment in the
12 nature of contempt. I solemnly promise that I will not disclose in any manner any information or
13 item that 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 Eastern District of California for the purpose of enforcing the terms of this Stipulated Protective
17 Order, even if such enforcement proceedings occur after termination of this action.
18
19 Date: ______________________________________
20 City and State where signed: _________________________________
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22 Printed name: _______________________________
23 Signature: __________________________________
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1 COURT ORDER ENTERING STIPULATED PROTECTIVE ORDER
2 Pursuant to the stipulation of the parties and good cause appearing, IT IS HEREBY
3 | ORDERED that:
4 1. The above stipulated protective order is ENTERED;
5 2. The provisions of the parties’ stipulation and this protective order shall remain in
6 effect until further order of the Court;
7 3. The parties are advised that pursuant to the Local Rules of the United States
8 District Court, Eastern District of California, any documents which are to be filed
9 under seal will require a written request which complies with Local Rule 141;
10 4. The party making a request to file documents under seal shall be required to show
11 either good cause or compelling reasons to seal the documents, depending on the
12 type of filing, Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir.
13 2009); Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir.
14 2016);
15 5. If a party’s request to file Protected Material under seal is denied by the Court,
16 then the previously filed material shall be immediately accepted by the Court and
17 become information in the public record and the information will be deemed filed
18 as of the date that the request to file the Protected Information under seal was
19 made; and
20 6. Additionally, the parties shall consider resolving any dispute arising under this
21 protective order according to the Court’s informal discovery dispute procedure.
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73 IT IS SO ORDERED. DAA Le
24 | Dated: _June 10, 2026 _ eee
STANLEY A. BOONE
25 United States Magistrate Judge
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