even 15 || stipulated protective orders require good cause showing
How later courts described this case
- even 15 || stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page1lof16 Page ID#:474
8 UNITED STATES DISTRICT COURT
? CENTRAL DISTRICT OF CALIFORNIA
10 SOUTHERN DIVISION
11
12
PETER MOSES GUTIERREZ, et al. Case No. 8:21-cv-01628-DOC(JDEx)
13 □ Judge: Hon. David O. Carter
14 | ants. STIPULATION AND PROPOSED
5 V. PROTECTIVE ORDER
16 AMPLIFY ENERGY CORP., et al.
7 Defendants.
18
19 Pursuant to the Parties’ Stipulation (Dkt. 86, “Stipulation”), and for good cause
20 shown therein, the Court finds and orders as follows.
21 | 1, PURPOSES AND LIMITATIONS
22 Discovery in this Action (defined as the related cases identified below) is
23 likely to involve production of confidential, proprietary, or private information for
24 | which special protection from public disclosure and from use for any purpose other
25 || than prosecuting or defending the Action may be warranted. Accordingly, the parties
26 || identified in the signature panels of the Stipulation (“Parties’’) hereby stipulate to
27 || and petition the Court to enter the following Stipulated Protective Order. The Parties
28 acknowledge that this order (“Order” or “Stipulated Protective Order’’) does not
-]- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page2of16 Page ID#:475
1 || confer blanket protections on all disclosures or responses to discovery and that the
2 || protection it affords from public disclosure and use extends only to the limited
3 || information or items that are entitled to confidential treatment under the applicable
4 || legal principles.
5 This Order applies to all information, documents, and things exchanged 1n or
6 || subject to discovery in this Action in response to or in connection with any
7 || discovery requests, including deposition testimony, interrogatories, answers to
8 || interrogatories, requests for admission, and responses to requests for admission, as
9 || well as documents, information, and things produced.
10 | 2. GOOD CAUSE STATEMENT
11 This Action is likely to involve trade secrets and other valuable research,
12 || development, commercial, financial, personal, technical, and/or proprietary
13 || information for which special protection from public disclosure and from use for any
14 || purpose other than prosecution of this Action is warranted. Such confidential and
15 || proprietary materials and information consist of, among other things, confidential
16 || business or financial information, information regarding confidential business
17 || practices, or other confidential research, development, or commercial information
18 || Gncluding information implicating privacy rights of third parties), information
19 || otherwise generally unavailable to the public, or which may be privileged or
20 || otherwise protected from disclosure under state or federal statutes, court rules, case
21 || decisions, or common law. Accordingly, to expedite the flow of information, to
22 || facilitate the prompt resolution of disputes over confidentiality of discovery
23 || materials, to adequately protect information the Parties are entitled to keep
24 || confidential, to ensure that the Parties are permitted reasonable necessary uses of
25 || such material in preparation for and in the conduct of trial, to address their handling
26 || at the end of the litigation, and serve the ends of justice, a protective order for such
27 || information is justified in this matter. It is the intent of the parties that information
28 || will not be designated under this Order for tactical reasons and that nothing be so
-2- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 3of16 Page ID #:476
1 || designated without a good faith belief that it has been maintained in a confidential,
2 || non-public manner, and that there is good cause why it should not be part of the
3 || public record of this Action.
3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
5 The Parties further acknowledge, as set forth in Section 14.3, below, that this
6 || Stipulated Protective Order does not entitle them to file confidential information
7 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
8 || and the standards that will be applied when a party seeks permission from the court
9 || to file material under seal. There is a strong presumption that the public has a right
10 || of access to judicial proceedings and records in civil cases. In connection with non-
11 || dispositive motions, good cause must be shown to support a filing under seal, see
12 || Kamakana vy. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
13 || Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
14 || Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
15 || stipulated protective orders require good cause showing), and a specific showing of
16 || good cause or compelling reasons with proper evidentiary support and legal
17 || justification, must be made with respect to Protected Material that a party seeks to
18 || file under seal. The parties’ mere designation of Disclosure or Discovery Material as
19 || CONFIDENTIAL does not—without the submission of competent evidence by
20 || declaration, establishing that the material sought to be filed under seal qualifies as
21 || confidential, privileged, or otherwise protectable—constitute good cause.
22 Further, if a party requests sealing related to a dispositive motion or trial, then
23 || compelling reasons, not only good cause, for the sealing must be shown, and the
24 || relief sought shall be narrowly tailored to serve the specific interest to be protected.
25 || See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir. 2010). For
26 || each item or type of information, document, or thing sought to be filed or introduced
27 || under seal, the party seeking protection must articulate compelling reasons,
28 || supported by specific facts and legal justification, for the requested sealing order.
-3- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 4of16 Page ID#:477
1 || Again, competent evidence supporting the application to file documents under seal
2 || must be provided by declaration.
3 Any document that is not confidential, privileged, or otherwise protectable in
4 || its entirety will not be filed under seal if the confidential portions can be redacted. If
5 || documents can be redacted, then a redacted version for public viewing, omitting
6 || only the confidential, privileged, or otherwise protectable portions of the document,
7 || shall be filed. Any application that seeks to file documents under seal in their
8 || entirety should include an explanation of why redaction is not feasible.
9|| 4. DEFINITIONS
10 4.1 Action: the above-captioned consolidated case, including the following
11 || consolidated matters or future consolidated matters, including: Davey’s Locker,
12 8:21-cv-01684; Gutierrez, 8:21-cv-01628; Samuelian, 8:21-cv-01658; Banzai Surf
13 || Company, 8:21-cv-01669; Quality Sea Food, Inc., 8:21-cv-01680; Ketcham Tackle
14 || LLC, 8:21-cv-01685; Newport Surfrider, LLC, 8:21-cv-01686; Bitton, 8:21-cv-
15 01694; Whelan, 8:21-cv-01706; Beyond Business Incorporated, 8:21-cv-01714;
16 | N.S.T., 8:21-cv-01722; East Meets West Excursions, 8:21-cv-01725; Charlie’s
17 Gyros, Inc., 8:21-cv-01738; Hill’s Boat Service, Inc., 8:21-cv-01734; Karsgor,
18 □ 8:21-cv-02116.
19 4.2. Challenging Party: a Party or Non-Party that challenges the designation
20 || of information or items under this Order.
21 4.3. “CONFIDENTIAL” Information or Items: information (regardless of
22 || how it is generated, stored or maintained) or tangible things that qualify for
23 || protection under Federal Rule of Civil Procedure 26(c), and as specified above in
24 || the Good Cause Statement.
25 4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
26 || their support staff).
27 4.5 Designating Party: a Party or Non-Party that designates information or
28 || items that it produces in disclosures or in responses to discovery as
-4- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page5of16 Page ID#:478
1 || “CONFIDENTIAL.”
2 4.6 Disclosure or Discovery Material: all items or information, regardless
3 || of the medium or manner in which it is generated, stored, or maintained (including,
4 || among other things, testimony, transcripts, and tangible things), that are produced
5 || or generated in disclosures or responses to discovery (including deposition
6 || testimony).
7 4.7 Expert: a person with specialized knowledge or experience in a matter
8 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
9 || an expert witness or as a consultant in this Action.
10 4.8 House Counsel: attorneys who are employees of a party to this Action.
11 || House Counsel does not include Outside Counsel of Record or any other outside
12 || counsel.
13 4.9 Non-Party: any natural person, partnership, corporation, association or
14 || other legal entity not named as a Party to this Action.
15 4.10 Outside Counsel of Record: attorneys who are not employees of a party
16 || to this Action but are retained to represent a Party to this Action or are affiliated
17 || with an attorney that is retained to represent a Party to this Action, and includes
18 || support staff.
19 4.11 Party: any party to this Action, including all of its officers, directors,
20 || employees, consultants, retained experts, and Outside Counsel of Record (and their
21 || support staffs).
22 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
23 || Discovery Material in this Action.
24 4.13 Professional Vendors: persons or entities that provide litigation support
25 || services (e.g., photocopying, videotaping, translating, preparing exhibits or
26 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
27 || and their employees and subcontractors.
28 4.14 Protected Material: any Disclosure or Discovery Material that is
-5- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 6of16 Page ID #:479
1 || designated as “CONFIDENTIAL.”
2 4.15 Receiving Party: a Party that receives Disclosure or Discovery Material
3 || from a Producing Party.
4] 5. SCOPE
5 The protections conferred by this Stipulation and Order cover not only
6 || Protected Material (as defined above), but also (1) any information copied or
7 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
8 || compilations of Protected Material; and (3) any testimony, conversations, or
9 || presentations by Parties or their Counsel that might reveal Protected Material.
10 Any use of Protected Material at trial shall be governed by the orders of the
11 || trial judge and other applicable authorities. This Order does not govern the use of
12 || Protected Material at trial.
13 || 6 DURATION
14 Once a case proceeds to trial, information that was designated as
15 || CONFIDENTIAL or maintained pursuant to this Order used or introduced as an
16 || exhibit at trial becomes public and will be presumptively available to all members
17 || of the public, including the press, unless compelling reasons supported by specific
18 || factual findings to proceed otherwise are made to the trial judge in advance of the
19 || trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for
20 || sealing documents produced in discovery from “compelling reasons” standard
21 || when merits-related documents are part of court record). Accordingly, the terms of
22 || this Order do not extend beyond the commencement of the trial.
23 | 7. DESIGNATING PROTECTED MATERIAL
24 7.1 Exercise of Restraint and Care in Designating Material for Protection.
25 || Each Party or Non-Party that designates information or items for protection under
26 || this Order must take care to limit any such designation to specific material that
27 || qualifies under the appropriate standards. The Designating Party must make
28 || reasonable efforts to designate for protection only those parts of material,
-6- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 7of16 Page ID #:480
1 || documents, items or oral or written communications that qualify so that other
2 || portions of the material, documents, items or communications for which protection
3 || 1s not warranted are not swept unjustifiably within the ambit of this Order.
4 Mass, indiscriminate or routinized designations are prohibited. Designations
5 || that are shown to be clearly unjustified or that have been made for an improper
6 || purpose (e.g., to unnecessarily encumber the case development process or to impose
7 || unnecessary expenses and burdens on other parties) may expose—following a meet-
8 || and-confer process and notice and a hearing—the Designating Party to sanctions.
9 If it comes to a Designating Party’s attention that information or items that it
10 || designated for protection do not qualify for protection, that Designating Party must
11 || promptly notify all other Parties that it is withdrawing the inapplicable designation.
12 7.2. Manner and Timing of Designations. Except as otherwise provided in
13 || this Order, or as otherwise stipulated or ordered, Disclosure or Discovery Material
14 || that qualifies for protection under this Order must be clearly so designated before
15 || the material is disclosed or produced.
16 Designation in conformity with this Order requires:
17 a. for information in documentary form (e.g., paper or electronic
18 || documents, but excluding transcripts of depositions or other pretrial or trial
19 || proceedings), that the Producing Party affix at a minimum, the legend
20 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend’”’), to each page that
21 || contains protected material.
22 A Party or Non-Party that makes original documents available for inspection
23 || need not designate them for protection until after the inspecting Party has indicated
24 || which documents it would like copied and produced. During the inspection and
25 || before the designation, all of the material made available for inspection shall be
26 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the
27 || documents it wants copied and produced, the Producing Party must determine which
28 || documents qualify for protection under this Order. Then, before producing the
-7- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page 8of16 Page ID#:481
1 || specified documents, the Producing Party must affix the “CONFIDENTIAL legend”
2 || to each page that contains Protected Material.
3 b. for testimony given in depositions that the Designating Party identifies
4 || the Disclosure or Discovery Material on the record, before the close of the
5 || deposition all protected testimony or within five (5) business days after receipt of
6 || the final version of the transcript.
7 C. for information produced in some form other than documentary and for
8 || any other tangible items, that the Producing Party affix in a prominent place on the
9 || exterior of the container or containers in which the information is stored the legend
10 | “CONFIDENTIAL.”
11 7.3. Inadvertent Failures to Designate. If timely corrected, an inadvertent
12 || failure to designate qualified information or items does not, standing alone, waive
13 || the Designating Party’s right to secure protection under this Order for such
14 || material. Upon timely correction of a designation, the Receiving Party must make
15 || reasonable efforts to assure that the material is treated in accordance with the
16 || provisions of this Order.
17 | 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
18 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
19 || designation of confidentiality at any time that is consistent with the Court’s
20 || Scheduling Order.
21 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
22 || resolution process under Local Rule 37-1 et seq.
23 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
24 || joint stipulation pursuant to Local Rule 37-2.
25 8.4 Burden of Persuasion. The burden of persuasion in any such challenge
26 || proceeding shall be on the Designating Party. Frivolous challenges, and those made
27 || for an improper purpose (e.g., to harass or impose unnecessary expenses and
28 || burdens on other parties) may expose the Challenging Party to sanctions. Unless
-8- STIPULATED PROTECTIVE ORDER
Case 8'21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page9of16 Page ID #:482
1 || the Designating Party has waived or withdrawn the confidentiality designation, all
2 || parties shall continue to afford the material in question the level of protection to
3 || which it is entitled under the Producing Party’s designation until the Court rules on
4 || the challenge.
5 8.5 Use of Protected Material In Open Court. Except for trial (where such
6 || procedures shall be governed by a separate pre-trial order), at least 24 hours prior to
7 || the use of any Protected Material at any hearing to be held in open court, counsel
8 || for any Party who desires to offer or use such Protected Material at such hearing
9 || shall meet and confer in good faith with the Producing Party together with any
10 || other Parties who have expressed interest in participating in such meet and confer.
11 | 9. ACCESS TO AND USE OF PROTECTED MATERIAL
12 9.1 Basic Principles. A Receiving Party may use Protected Material that is
13 || disclosed or produced by another Party or by a Non-Party in connection with this
14 || Action only for prosecuting, defending or attempting to settle this Action and for no
15 || other purpose and in no other case or proceeding. Such Protected Material may be
16 || disclosed only to the categories of persons and under the conditions described in
17 || this Order. When the Action has been terminated, a Receiving Party must comply
18 || with the provisions of section 15 below (FINAL DISPOSITION).
19 Protected Material must be stored and maintained by a Receiving Party at a
20 || location and in a secure manner that ensures that access is limited to the persons
21 || authorized under this Order.
22 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
23 || otherwise ordered by the court or permitted in writing by the Designating Party, a
24 || Receiving Party may disclose any information or item designated
25 || “CONFIDENTIAL” only to:
26 a. the Receiving Party’s Outside Counsel of Record in this Action, as well
27 || as employees of said Outside Counsel of Record to whom it is reasonably
28 || necessary to disclose the information for this Action;
-9- STIPULATED PROTECTIVE ORDER
Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page10of16 Page ID #:483
l b. the officers, directors, and employees (including House Counsel) of the
2 || Receiving Party to whom disclosure is reasonably necessary for this Action;
3 c. Experts (as defined in this Order) of the Receiving Party to whom
4 || disclosure is reasonably necessary for this Action and who have signed the
5 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
6 d. the court and its personnel;
7 e. court reporters and their staff;
8 f. professional jury or trial consultants, mock jurors, and Professional
9 || Vendors to whom disclosure is reasonably necessary for this Action and who have
10 || signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
11 g. the author or recipient of a document containing the information or a
12 || custodian or other person who otherwise possessed or knew the information;
13 h. during their depositions, witnesses, and attorneys for witnesses, in the
14 || Action to whom disclosure is reasonably necessary provided: (1) the deposing party
15 || requests that the witness sign the form attached as Exhibit A hereto; and (2) they
16 || will not be permitted to keep any confidential information unless they sign the
17 || “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
18 || agreed by the Designating Party or ordered by the court. Pages of transcribed
19 || deposition testimony or exhibits to depositions that reveal Protected Material may
20 || be separately bound by the court reporter and may not be disclosed to anyone
21 || except as permitted under this Stipulated Protective Order; and
22 i. any mediators or settlement officers and their supporting personnel,
23 || mutually agreed upon by any of the parties engaged in settlement discussions.
24 || 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
25 TT
26 If a Party is served with a subpoena or a court order issued in a proceeding
27 || other than the Action that compels disclosure of any information or items designated
28 || in this Action as “CONFIDENTIAL” by someone other than the Party who received
- 10 - STIPULATED PROTECTIVE ORDER
Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page1lof16 Page ID #:484
1 || the subpoena, 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;
4 b. promptly notify in writing the party who caused the subpoena or order
5 || to issue in the other proceeding that some or all of the material covered by the
6 || subpoena or order is subject to this Stipulated Protective Order. Such notification
7 || 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” before a determination by the court from which the
13 || subpoena or order issued, unless the Party has obtained the Designating Party’s
14 || permission. The Designating Party shall bear the burden and expense of seeking
15 || protection in that proceeding of its confidential material unless the court’s rules in
16 || that proceeding dictate otherwise. Nothing in these provisions should be construed
17 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful
18 || directive from another court.
19 | 11. ANON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
20 TT
21 a. The terms of this Order are applicable to information produced by a
22 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
23 || produced by Non-Parties in connection with this Action is protected by the
24 || remedies and relief provided by this Order. Nothing in these provisions should be
25 || construed as prohibiting a Non-Party from seeking 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
28
-ll- STIPULATED PROTECTIVE ORDER
Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page12of16 Page ID #:485
1 || subject to an agreement with the Non-Party not to produce the Non-Party’s
2 || confidential information, then the Party shall:
3 1. promptly notify in writing the Requesting Party and the
4 | Non-Party that some or all of the information requested is subject to a
5 || confidentiality agreement with a Non-Party;
6 i. promptly provide the Non-Party with a copy of the
7 || Stipulated Protective Order in this Action, the relevant discovery request(s), and a
8 || reasonably specific description of the information requested; and
9 il. make the information requested available for inspection by
10 || the Non-Party, if requested.
11 C. If the Non-Party fails to seek a protective order from this court within
12 || 14 days of receiving the notice and accompanying information, the Receiving Party
13 || may produce the Non-Party’s confidential information responsive to the discovery
14 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
15 || not produce any information in its possession or control that is subject to the
16 || confidentiality agreement with the Non-Party before a determination by the court.
17 || Absent a court order to the contrary, the Non-Party shall bear the burden of seeking
18 || protection in this court of its Protected Material.
19 | 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
21 || Protected Material to any person or in any circumstance not authorized under this
22 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
23 || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
24 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
25 || persons to whom unauthorized disclosures were made of all the terms of this Order,
26 || and (d) request such person or persons to execute the “Acknowledgment an
27 || Agreement to Be Bound” attached hereto as Exhibit A.
28
-12- STIPULATED PROTECTIVE ORDER
Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page13o0f16 Page ID #:486
1 | 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
5 PROTECTED MATERIAL
3 The production of privileged or work-product protected documents,
4 || electronically stored information, or information, whether inadvertent or otherwise,
5 || 1s not a waiver of the privilege or protection from discovery in this Action or in any
6 || other federal or state proceeding. This Order shall be interpreted to provide the
7 || maximum protection allowed by Federal Rule of Evidence 502(d).
g When a Producing Party gives notice to Receiving Parties that certain
9 || produced material is subject to a claim of privilege or other protection, the
10 || obligations of the Receiving Parties are those set forth in Federal Rule of Civil
11 || Procedure 26(b)(5)(B); provided, however, if the Receiving Party disputes the
12 || privilege claim, it must notify the Producing Party of the dispute and the basis
13 || therefore in writing within ten (10) days of receipt of the Producing Party’s
14 || notification. The Parties shall thereafter meet and confer regarding the disputed
15 || privilege claim. If the Parties cannot resolve their dispute, either Party may seek a
16 || determination from the Special Master(s) and/or Court whether the privilege applies.
17 || Other than in connection with seeking a determination by the Special Master(s)
18 || and/or Court, the Receiving Party may not use the inadvertently produced privileged
19 || information for any purpose until the dispute is resolved.
20 || 14. MISCELLANEOUS
91 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
22 || person to seek its modification or supplementation by the Court in the future. The
23 || Parties acknowledge that certain document requests or document subpoenas may
24 || call for one or more Parties or Non-Parties to request the additional protections of a
25 || “Highly Confidential” tier. The Parties’ rights are reserved to request a “Highly
26 || Confidential” tier at the appropriate time via amendment (by stipulation or
27 || contested motions practice) of this Order.
28
-13- STIPULATED PROTECTIVE ORDER
Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page14o0f16 Page ID #:487
1 14.2 Right to Assert Other Objections. By stipulating to the entry of this
2 || Stipulated Protective Order, no Party waives any right it otherwise would have to
3 || object to disclosing or producing any information or item on any ground not
4 || addressed in this Stipulated Protective Order. Similarly, no Party waives any right
5 || to object on any ground to use in evidence of any of the material covered by this
6 || Stipulated Protective Order.
7 14.3 Filing Protected Material. A Party that seeks to file under seal any
8 || Protected Material must comply with Local Civil Rule 79-5. Protected Material
9 || may only be filed under seal pursuant to a court order authorizing the sealing of the
10 || specific Protected Material. If a Party’s request to file Protected Material under seal
11 || 1s denied by the court, then the Receiving Party may file the information that was
12 || the subject of the Rule 79-5 application in the public record unless otherwise
13 || instructed by the court.
14 14.4 Anticipated Filings. If a Receiving Party intends to file materials on the
15 || docket that cite or attach Protected Material, the Receiving Party shall seek relief
16 || under Local Civil Rule 79-5.
17 14.5 Discovery Exchanged Prior to Entry of this Order. This Order governs
18 || the disclosure and exchange of discovery exchanged between the Parties (including
19 || Defendants and Non-Interim Co-Lead Counsel) prior to the entry of this Order.
20 | 15. FINAL DISPOSITION
21 After the final disposition of this Action, within 60 days of a written request
22 || by the Designating Party, each Receiving Party must return all Protected Material to
23 || the Producing Party or destroy such material. As used in this subdivision, “all
24 || Protected Material” includes all copies, abstracts, compilations, summaries, and any
25 || other format reproducing or capturing any of the Protected Material. Where the
26 || Designating Party makes such a request and whether the Protected Material is
27 || returned or destroyed, the Receiving Party must submit a written certification to the
28 || Producing Party (and, if not the same person or entity, to the Designating Party) by
-14- STIPULATED PROTECTIVE ORDER
Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page15o0f16 Page ID #:488
1 || the 60-day deadline that (1) identifies (by category, where appropriate) all the
2 || Protected Material that was returned or destroyed and (2) affirms that the Receiving
3 || Party has not retained any copies, abstracts, compilations, summaries or any other
4 | format reproducing or capturing any of the Protected Material. Notwithstanding this
5 || provision, Counsel are entitled to retain an archival copy of all pleadings, motion
6 || papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
7 || deposition and trial exhibits, expert reports, attorney work product, and consultant
8 || and expert work product, even if such materials contain Protected Material. Any
9 || such archival copies that contain or constitute Protected Material remain subject to
10 || this Protective Order as set forth in Section 6 (DURATION).
11 | 16. VIOLATION
12 Any violations of this Order are subject to enforcement and the imposition of
13 || legal sanctions in the same manner as any other Order of the Court, after notice and
14 || a hearing.
15 IT IS SO ORDERED.
16
17 DATED: January 11, 2022 #
18 Ke AG
19 N D. EARLY
nited States Magistrate Judge
20
21
22
23
24
25
26
27
28
-15- STIPULATED PROTECTIVE ORDER
Case 8:21-cv-01628-DOC-JDE Document 87 Filed 01/11/22 Page16of16 Page ID #:489
2 UNITED STATES DISTRICT COURT
3 CENTRAL DISTRICT OF CALIFORNIA
PETER MOSES GUTIERREZ, et al. Case No. 8:21-cv-01628-DOC-JDE
6 Plantitis, EXHIBIT A TO STIPULATED
V. PROTECTIVE ORDER
AMPLIFY ENERGY CORP., et al. Ae MENT AND BY
9 Defendants. PROTECTIVE ORDER
10
11 The undersigned agrees:
12 I declare under penalty of perjury that I have read in its entirety and
13 || understand and will comply with the Stipulated Protective Order that was issued by
14 || the United States District Court for the Central District of California on
15 , 2022 in the above captioned matter.
16
17 || Date:
18
19 City and State where sworn and signed:
20 || Printed Name:
21
3 Signature:
23
24
25
26
27
28
-16- STIPULATED PROTECTIVE ORDER