even 12 || stipulated protective orders require good cause showing
How later courts described this case
- even 12 || stipulated protective orders require good cause showing
Written by the judges who cited it.
The opinion
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page1lof16 Page ID#:175
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 SOUTHERN DIVISION
11
12 | ERIC KELLY, Case No. 8:21-cv-00291-DOC-JDE
13 Plaintiff, STIPULATED PROTECTIVE
ORDER
14 |] v.
15 | UNUM LIFE INSURANCE
16 | DOES T'ihrough 10, inclusive,
17 Defendants.
18
19 Based on the Parties’ Stipulation (Dkt. 25), and for good cause shown
90 || therein, the Court finds and orders as follows.
21
22 || 1. PURPOSES AND LIMITATIONS
23 Discovery in this action is likely to involve production of confidential,
24 || proprietary or private information for which special protection from public
25 || disclosure and from use for any purpose other than pursuing this litigation may be
26 || warranted. Accordingly, the parties hereby stipulate to and petition the Court to
27 || enter the following Stipulated Protective Order. The parties acknowledge that this
28 || Order does not confer blanket protections on all disclosures or responses to
-1- SMPULATED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page2of16 Page ID #:176
1 || discovery and that the protection it affords from public disclosure and use extends
2 || only to the limited information or items that are entitled to confidential treatment
3 || under the applicable legal principles.
4 || 2. GOOD CAUSE STATEMENT
5 This action involves proprietary information for which special protection
6 || from public disclosure and from use for any purpose other than prosecution of this
7 || action is warranted. Such confidential and proprietary materials and information
8 || consist of, among other things, private health or personal information protected
9 || from disclosure under the Health Insurance Portability and Accountability Act of
10 || 1996 (“HIPAA”), 42 U.S.C. § 1330, et seg., California Health & Safety Code
11 || § 1280.15, the California Confidentiality of Medical Information Act, Cal. Civ.
12 || Code § 56, et seg., Welfare & Institutions Code § 5000, et seg.; business or
13 || financial information; information regarding confidential business practices, or
14 || other confidential research, development, or commercial information (including
15 || information implicating privacy rights of third parties); and information otherwise
16 || generally unavailable to the public, or which may be privileged or otherwise
17 || protected from disclosure under state or federal statutes, court rules, case decisions,
18 || or common law. Accordingly, to expedite the flow of information, to facilitate the
19 || prompt resolution of disputes over confidentiality of discovery materials, to
20 || adequately protect information the parties are entitled to keep confidential, to
21 || ensure that the parties are permitted reasonable necessary uses of such material in
22 || preparation for and in the conduct of trial, to address their handling at the end of the
23 || litigation, and serve the ends of justice, a protective order for such information is
24 || justified in this matter. It is the intent of the parties that information will not be
25 || designated as confidential for tactical reasons and that nothing be so designated
26 || without a good faith belief that it has been maintained in a confidential, non-public
27 || manner, and there is good cause why it should not be part of the public record of
28 || this case.
-2- STNPULATIED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page 3of16 Page ID#:177
1 || 3. ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
2 The parties further acknowledge, as set forth in Section 14.3, below, that this
3 || Stipulated Protective Order does not entitle them to file confidential information
4 || under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed
5 || and the standards that will be applied when a party seeks permission from the court
6 || to file material under seal. There is a strong presumption that the public has a right
7 || of access to judicial proceedings and records in civil cases. In connection with non-
§ || dispositive motions, good cause must be shown to support a filing under seal. See
9 || Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006),
10 || Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-
11 || Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even
12 || stipulated protective orders require good cause showing), and a specific showing of
13 || good cause or compelling reasons with proper evidentiary support and legal
14 || justification, must be made with respect to Protected Material that a party seeks to
15 || file under seal. The parties’ mere designation of Disclosure or Discovery Material
16 || as CONFIDENTIAL does not— without the submission of competent evidence by
17 || declaration, establishing that the material sought to be filed under seal qualifies as
18 || confidential, privileged, or otherwise protectable—constitute good cause.
19 Further, if a party requests sealing related to a dispositive motion or trial,
20 || then compelling reasons, not only good cause, for the sealing must be shown, and
21 || the relief sought shall be narrowly tailored to serve the specific interest to be
22 || protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
23 || 2010). For each item or type of information, document, or thing sought to be filed
24 || or introduced under seal, the party seeking protection must articulate compelling
25 || reasons, supported by specific facts and legal justification, for the requested sealing
26 || order. Again, competent evidence supporting the application to file documents
27 || under seal must be provided by declaration.
28
STNPULATIED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page 4of16 Page ID#:178
l Any document that 1s not confidential, privileged, or otherwise protectable in
2 || its entirety will not be filed under seal if the confidential portions can be redacted.
3 || If documents can be redacted, then a redacted version for public viewing, omitting
4 || only the confidential, privileged, or otherwise protectable portions of the document,
5 || shall be filed. Any application that seeks to file documents under seal in their
6 || entirety should include an explanation of why redaction is not feasible.
7 || 4. DEFINITIONS
8 4.1 Action: Eric Kelly v. Unum Life Insurance Company of America, and
9 | DOES I through 10, inclusive, U.S. District Court for the Central District of
10 || California, Case No. 8:21-cv-00291-DOC-JDE.
11 4.2 Challenging Party: a Party or Non-Party that challenges the
12 || designation of information or items under this Order.
13 4.3. “CONFIDENTIAL” Information or Items: information (regardless of
14 || how it is generated, stored or maintained) or tangible things that qualify for
15 || protection under Federal Rule of Civil Procedure 26(c), including but not limited to,
16 || information the Producing Party believes in good faith to be protected under
17 || relevant provisions of applicable law regarding confidential business, competitive
18 || or privacy information, trade secret information, non-public financial or business
19 || information, or private health or personal information protected from disclosure
20 || under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”),
21 || 42 U.S.C. § 1330, et seg., California Health & Safety Code § 1280.15, the
22 || California Confidentiality of Medical Information Act, Cal. Civ. Code § 56, et seq.
23 || or Welfare & Institutions Code § 5000, et seg., which the Producing Party is
24 || prohibited from revealing or would not normally reveal to third parties except in
25 || confidence, or has undertaken with others to maintain its confidence, and as
26 || specified above in the Good Cause Statement.
27 4.4 Counsel: outside Counsel of Record and House Counsel (as well as
28 || their support staff).
“4- STNPULATIED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page5of16 Page ID#:179
l 4.5 Designating Party: a Party or Non-Party that designates information or
2 || items that it produces in disclosures or in responses to discovery as
3 || “CONFIDENTIAL.”
4 4.6 Disclosure or Discovery Material: All items or information, regardless
5 || of the medium or manner in which it is generated, stored, or maintained (including,
6 || among other things, testimony, transcripts, and tangible things), that are produced
7 || or generated in connection with mediation or informal resolution discussions, in
8 || disclosures or responses to discovery in this matter.
9 4.7 Expert: a person with specialized knowledge or experience in a matter
10 || pertinent to the litigation who has been retained by a Party or its counsel to serve as
11 || an expert witness or as a consultant in this Action.
12 4.8 House Counsel: attorneys who are employees of a party to this Action.
13 || House Counsel does not include Outside Counsel of Record or any other outside
14 || counsel.
15 4.9 Non-Party: any natural person, partnership, corporation, association, or
16 || other legal entity not named as a Party to this action.
17 4.10 Outside Counsel of Record: attorneys who are not employees of a
18 || party to this Action but are retained to represent or advise a party to this Action and
19 || have appeared in this Action on behalf of that party or are affiliated with a law firm
20 || which has appeared on behalf of that party, and includes support staff.
21 4.11 Party: any party to this Action, including all of its officers, directors,
22 || employees, consultants, retained experts, and Outside Counsel of Record (and their
23 || support staffs).
24 4.12 Producing Party: a Party or Non-Party that produces Disclosure or
25 || Discovery Material in this Action.
26 4.13 Professional Vendors: persons or entities that provide litigation
27 || support services (e.g., photocopying, videotaping, translating, preparing exhibits or
28
STNPULATIED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page6of16 Page ID #:180
1 || demonstrations, and organizing, storing, or retrieving data in any form or medium)
2 || and their employees and subcontractors.
3 4.14 Protected Material: any Disclosure or Discovery Material that is
4 || designated as “CONFIDENTIAL.”
5 4.15 Receiving Party: a Party that receives Disclosure or Discovery
6 || Material from a Producing Party.
7 | 5. SCOPE
8 The protections conferred by this Stipulation and Order cover not only
9 || Protected Material (as defined above), but also (1) any information copied or
10 || extracted from Protected Material; (2) all copies, excerpts, summaries, or
11 || compilations of Protected Material; and (3) any testimony, conversations, or
12 || presentations by Parties or their Counsel that might reveal Protected Material.
13 Any use of Protected Material at trial shall be governed by the orders of the
14 || trial judge and other applicable authorities. This Order does not govern the use of
15 || Protected Material at trial.
16 || 6. DURATION
17 Even after final disposition of this litigation, the confidentiality obligations
18 || imposed by this Order shall remain in effect until a Designating Party agrees
19 || otherwise in writing or a court order otherwise directs. Final disposition shall be
20 || deemed to be the later of (1) dismissal of all claims and defenses in this Action,
21 || with or without prejudice; and (2) final judgment herein after the completion and
22 || exhaustion of all appeals, re-hearings, remands, trials, or reviews of this Action,
23 || including the time limits for filing any motions or applications for extension of time
24 || pursuant to applicable law.
25 || 7. DESIGNATING PROTECTED MATERIAL
26 7.1 Exercise of Restraint and Care in Designating Material for Protection.
27 Each Party or Non-Party that designates information or items for protection
28 || under this Order must take care to limit any such designation to specific material
-6- STNPULATIED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page 7of16 Page ID#:181
1 || that qualifies under the appropriate standards. The Designating Party must
2 || designate for protection only those parts of material, documents, items or oral or
3 || written communications that qualify so that other portions of the material,
4 || documents, items or communications for which protection is not warranted are not
5 || swept unjustifiably within the ambit of this Order.
6 Mass, indiscriminate or routinized designations are prohibited. Designations
7 || that are shown to be clearly unjustified or that have been made for an improper
8 || purpose (e.g., to unnecessarily encumber the case development process or to
9 || impose unnecessary expenses and burdens on other parties) may expose the
10 || Designating Party 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 7.2 | Manner and Timing of Designations. Except as otherwise provided in
15 || this Order, or as otherwise stipulated or ordered, Disclosure of Discovery Material
16 || that qualifies for protection under this Order must be clearly so designated before
17 || 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
20 || documents, but excluding transcripts of depositions or other pretrial or trial
21 || proceedings), that the Producing Party affix at a minimum, the legend
22 || “CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page that
23 || contains protected material. If only a portion of the material on a page qualifies for
24 || protection, the Producing Party also must clearly identify the protected portion(s)
25 || (e.g., by making appropriate markings in the 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
28 || which documents it would like copied and produced. During the inspection and
-7- STNPULATIED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page 8of16 Page ID #:182
1 || before the designation, all of the material made available for inspection shall be
2 || deemed “CONFIDENTIAL.” After the inspecting Party has identified the
3 || documents it wants copied and produced, the Producing Party must determine
4 || which documents, or portions thereof, qualify for protection under this Order. Then,
5 || before producing the specified documents, the Producing Party must affix the
6 || “CONFIDENTIAL legend” to each page that contains Protected Material. If only a
7 || portion of the material on a page qualifies for protection, the Producing Party also
8 || must clearly identify the protected portion(s) (e.g., by making appropriate markings
9 || in the margins).
10 (b) any party may, within thirty (30) days after receiving a
11 || deposition transcript, designate portions of the transcript, or exhibits to it, as being
12 || “Confidential.” Confidential deposition testimony or exhibits may be designated by
13 || stamping the exhibits “Confidential,” or by underlining the portions of the pages
14 || that are confidential and stamping such pages “Confidential.” Until expiration of
15 || the 30-day period, the entire deposition transcript, and all exhibits to it, will be
16 || treated as confidential under the provisions of this Order. If no party timely
17 || designates testimony or exhibits from a deposition as being “Confidential,” none of
18 || the deposition testimony or exhibits will be treated as confidential. If a timely
19 || “confidential” designation is made, the confidential portions and exhibits shall be
20 || sealed separately from the remaining portions of the deposition, subject to the right
21 || of any party to challenge such designation under paragraph 6 below.
22 (c) for information produced in some form other than documentary
23 || and for any other tangible items, that the Producing Party affix in a prominent place
24 || on the exterior of the container or containers in which the information is stored the
25 || legend “CONFIDENTIAL.” If only a portion or portions of the information
26 || warrants protection, the Producing Party, to the extent practicable, shall identify the
27 || protected portion(s).
28
-8- STNPULATIED PROTECTIVE ORDER
Case 8'21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page9of16 Page ID #:183
l 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent
2 || failure to designate qualified information or items does not, standing alone, waive
3 || the Designating Party’s right to secure protection under this Order for such
4 || material. Upon timely correction of a designation, the Receiving Party must make
5 || reasonable efforts to assure that the material is treated in accordance with the
6 || provisions of this Order.
7 || 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
8 8.1 Timing of Challenges. Any Party or Non-Party may challenge a
9 || designation of confidentiality at any time that is consistent with the Court’s
10 || Scheduling Order.
11 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
12 || resolution process under Local Rule 37-1 ef seq.
13 8.3. Joint Stipulation. Any challenge submitted to the Court shall be via a
14 || joint stipulation pursuant to Local Rule 37-2.
15 8.4 The burden of persuasion in any such challenge proceeding shall be on
16 || the Designating Party. Frivolous challenges, and those made for an improper
17 || purpose (e.g., to harass or impose unnecessary expenses and burdens on other
18 || parties) may expose the Challenging Party to sanctions. Unless the Designating
19 || Party has waived or withdrawn the confidentiality designation, all parties shall
20 || continue to afford the material in question the level of protection to which it is
21 || entitled under the Producing Party’s designation until the Court rules on the
22 || challenge.
23 || 9. ACCESS TO AND USE OF PROTECTED MATERIAL
24 9.1 Basic Principles. A Receiving Party may use Protected Material that is
25 || disclosed or produced by another Party or by a Non-Party in connection with this
26 || Action only for prosecuting, defending or attempting to settle this Action. Such
27 || Protected Material may be disclosed only to the categories of persons and under the
28 || conditions described in this Order. When the Action has been terminated, a
-9- STNPULATIED PROTECTIVE ORDER
Case 8:21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page 10o0f16 Page ID #:184
1 || Receiving Party must comply with the provisions of section 15 below (FINAL
2 || DISPOSITION).
3 Protected Material must be stored and maintained by a Receiving Party at a
4 || location and in a secure manner that ensures that access 1s limited to the persons
5 || authorized under this Order.
6 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
7 || otherwise ordered by the court or permitted in writing by the Designating Party, a
8 || Receiving Party may disclose any information or item designated
9 || “CONFIDENTIAL” only to:
10 (a) the Receiving Party’s Outside Counsel of Record in this Action,
11 || as well as employees of said Outside Counsel of Record to whom it is reasonably
12 || necessary to disclose the information for this Action;
13 (b) the officers, directors, and employees (including House
14 || Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this
15 || Action;
16 (c) Experts (as defined in this Order) of the Receiving Party to
17 || whom disclosure is reasonably necessary for this Action and who have signed the
18 || “Acknowledgment and Agreement to Be Bound” (Exhibit A);
19 (d) the court and its personnel;
20 (e) court reporters and their staff;
21 (f) professional jury or trial consultants, mock jurors, and
22 || Professional Vendors to whom disclosure is reasonably necessary for this Action
23 || and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
24 || A);
25 (g) the author or recipient of a document containing the information
26 || or a custodian or other person who otherwise possessed or knew the information;
27 (h) during their depositions, witnesses, and attorneys for witnesses,
28 || in the Action to whom disclosure is reasonably necessary provided: (1) the
-10- STNPULATIED PROTECTIVE ORDER
Case 8:21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page11of16 Page #:185
1 || deposing party requests that the witness sign the form attached as Exhibit A hereto;
2 || and (2) they will not be permitted to keep any confidential information unless they
3 || sign the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless
4 || otherwise agreed by the Designating Party or ordered by the court. Pages of
5 || transcribed deposition testimony or exhibits to depositions that reveal Protected
6 || Material may be separately bound by the court reporter and may not be disclosed to
7 || anyone except as permitted under this Stipulated Protective Order; and
8 (1) any mediators or settlement officers and their supporting
9 || personnel, mutually agreed upon by any of the parties engaged in settlement
10 || discussions.
11 | 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
12 IN OTHER LITIGATION
13 If a Party is served with a subpoena or a court order issued in other litigation
14 || that compels disclosure of any information or items designated in this Action as
15 || “CONFIDENTIAL,” that Party must:
16 (a) promptly notify in writing the Designating Party. Such notification
17 || shall include a copy of the subpoena or court order;
18 (b) promptly notify in writing the party who caused the subpoena or order
19 || to issue in the other litigation that some or all of the material covered by the
20 || subpoena or order 1s subject to this Protective Order. Such notification shall include
21 || acopy of this Stipulated Protective Order; and
22 (c) cooperate with respect to all reasonable procedures sought to be
23 || pursued by the Designating Party whose Protected Material may be affected. If the
24 || Designating Party timely seeks a protective order, the Party served with the
25 || subpoena or court order shall not produce any information designated in this action
26 || as “CONFIDENTIAL” before a determination by the court from which the
27 || subpoena or order issued, unless the Party has obtained the Designating Party’s
28 || permission. The Designating Party shall bear the burden and expense of seeking
-- STNPULATIED PROTECTIVE ORDER
Case 8:21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page12o0f16 Page ID #:186
1 || protection in that court of its confidential material and nothing in these provisions
2 || should be construed as authorizing or encouraging a Receiving Party in this Action
3 || to disobey a lawful directive from another court.
4] 11. ANON-PARTY’S PROTECTED MATERIAL OUGHT TO BE
5 PRODUCED IN THIS LITIGATION
6 (a) The terms of this Order are applicable to information produced by a
7 || Non-Party in this Action and designated as “CONFIDENTIAL.” Such information
8 || produced by Non-Parties in connection with this litigation is protected by the
9 || remedies and relief provided by this Order. Nothing in these provisions should be
10 || construed as prohibiting a Non-Party from seeking additional protections.
11 (b) Inthe event that a Party is required, by a valid discovery request, to
12 || produce a Non-Party’s confidential information in its possession, and the Party is
13 || subject to an agreement with the Non-Party not to produce the Non-Party’s
14 || confidential information, then the Party shall:
15 (1) promptly notify in writing the Requesting Party and the Non-
16 || Party that some or all of the information requested is subject to a confidentiality
17 || agreement with a Non-Party;
18 (2) promptly provide the Non-Party with a copy of the Stipulated
19 || Protective Order in this Action, the relevant discovery request(s), and a reasonably
20 || specific description of the information requested; and
21 (3) make the information requested available for inspection by the
22 || Non-Party, if requested.
23 (c) Ifthe Non-Party fails to seek a protective order from this court within
24 || 14 days of receiving the notice and accompanying information, the Receiving Party
25 || may produce the Non-Party’s confidential information responsive to the discovery
26 || request. If the Non-Party timely seeks a protective order, the Receiving Party shall
27 || not produce any information in its possession or control that is subject to the
28 || confidentiality agreement with the Non-Party before a determination by the court.
“12- STNPULATIED PROTECTIVE ORDER
Case 8:21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page130f16 Page ID #:187
1 || Absent a court order to the contrary, the Non-Party shall bear the burden and
2 || expense of seeking protection in this court of its Protected Material.
3 || 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
4 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
5 || Protected Material to any person or in any circumstance not authorized under this
6 || Stipulated Protective Order, the Receiving Party must immediately (a) notify in
7 || writing the Designating Party of the unauthorized disclosures, (b) use its best
8 || efforts to retrieve all unauthorized copies of the Protected Material, (c) inform the
9 || person or persons to whom unauthorized disclosures were made of all the terms of
10 || this Order, and (d) request such person or persons to execute the “Acknowledgment
11 || an Agreement to Be Bound” attached hereto as Exhibit A.
12 | 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
13 PROTECTED MATERIAL
14 When a Producing Party gives notice to Receiving Parties that certain
15 || inadvertently produced material is subject to a claim of privilege or other
16 || protection, the obligations of the Receiving Parties are those set forth in Federal
17 || Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
18 || whatever procedure may be established in an e-discovery order that provides for
19 || production without prior privilege review. Pursuant to Federal Rule of Evidence
20 || 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
21 || of a communication or information covered by the attorney-client privilege or work
22 || product protection, the parties may incorporate their agreement in the stipulated
23 || protective order submitted to the court.
24 || 14. MISCELLANEOUS
25 14.1 Right to Further Relief. Nothing in this Order abridges the right of any
26 || person to seek its modification by the Court in the future.
27 14.2 Right to Assert Other Objections. By stipulating to the entry of this
28 || Protective Order, no Party waives any right it otherwise would have to object to
-13- STNPULATIED PROTECTIVE ORDER
Case 8:21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page14o0f16 Page ID #:188
1 || disclosing or producing any information or item on any ground not addressed in
2 || this Stipulated Protective Order. Similarly, no Party waives any right to object on
3 || any ground to use in evidence of any of the material covered by this Protective
4 | Order.
5 14.3 Filing Protected Material. A Party that seeks to file under seal any
6 Protected Material must comply with Local Civil Rule 79-5. Protected
7 || Material may only be filed under seal pursuant to a court order authorizing the
8 || sealing of the specific Protected Material. If a Party’s request to file Protected
9 || Material under seal is denied by the court, then the Receiving Party may file the
10 || information in the public record unless otherwise instructed by the court.
11 | 15. FINAL DISPOSITION
12 After the final disposition of this Action, as defined in paragraph 6, within 60
13 || days of a written request by the Designating Party, each Receiving Party must
14 || return all Protected Material to the Producing Party or destroy such material. As
15 || used in this subdivision, “all Protected Material” includes all copies, abstracts,
16 || compilations, summaries, and any other format reproducing or capturing any of the
17 || Protected Material. Whether the Protected Material is returned or destroyed, the
18 || Receiving Party must submit a written certification to the Producing Party (and, if
19 || not the same person or entity, to the Designating Party) by the 60-day deadline that
20 || (1) identifies (by category, where appropriate) all the Protected Material that was
21 || returned or destroyed and (2) affirms that the Receiving Party has not retained any
22 || copies, abstracts, compilations, summaries or any other format reproducing or
23 || capturing any of the Protected Material. Notwithstanding this provision, Counsel
24 || are entitled to retain an archival copy of all pleadings, motion papers, trial,
25 || deposition, and hearing transcripts, legal memoranda, correspondence, deposition
26 || and trial exhibits, expert reports, attorney work product, and consultant and expert
27 || work product, even if such materials contain Protected Material. Any such archival
28
-14- STNPULATIED PROTECTIVE ORDER
Case 8:21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page15o0f16 Page ID #:189
1 || copies that contain or constitute Protected Material remain subject to this Protective
2 || Order as set forth in Section 6 (DURATION).
4 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
° DATED: March 24, 2022
6 , ie dL
oh
8 ed States Magistrate J
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-15- STNPULATIED PROTECTIVE ORDER
Case 8:21-cv-00291-DOC-JDE Document 26 Filed 03/24/22 Page16o0f16 Page ID #:190
1 EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of
4 [print or type full address], declare under penalty
5 || of perjury that I have read in its entirety and understand the Stipulated Protective
6 || Order that was issued by the United States District Court for the Central District of
7 || California on March 24, 2022, in the case of Eric Kelly v. Unum Life Insurance
8 || Company of America; and DOES I through 10, inclusive; Case No. 8:21-cv-00291-
9 | DOC-JDE. I agree to comply with and to be bound by all the terms of this
10 || Stipulated Protective Order and I understand and acknowledge that failure to so
11 || comply could expose me to sanctions and punishment in the nature of contempt. I
12 || solemnly promise that I will not disclose in any manner any information or item
13 || that is subject to this Stipulated Protective Order to any person or entity except in
14 || strict compliance with the provisions of this Order.
15 I further agree to submit to the jurisdiction of the United States District Court
16 || for the Central District of California for the purpose of enforcing the terms of this
17 || Stipulated Protective Order, even if such enforcement proceedings occur after
18 || termination of this action.
19 I hereby appoint [print or type full name]
20 || of [print or type full address and telephone
21 || number] as my California agent for service of process in connection with this action
22 || or any proceedings related to enforcement of this Stipulated Protective Order.
23 || Date:
24 || City and State where sworn and signed:
25 || Printed name:
26 || Signature:
27
28
-16- STNPULATIED PROTECTIVE ORDER