even stipulated protective 6 orders require good cause showing
How later courts described this case
- even stipulated protective 6 orders require good cause showing
Written by the judges who cited it.
The opinion
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 1 of 16 Page ID #:697
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
11 PATRICK BURNS, in his ) Case No.: 8:21-cv-01452-CJC-(JDEx)
individual and representative )
12 capacities, )
)
13 Plaintiff, ) STIPULATED PROTECTIVE ORDER
)
14 v. )
)
15 POWER PARAGON, INC. and )
DOES 1 through 10, inclusive, )
16 )
Defendants. )
17 )
)
18 )
19
Based on the parties’ Stipulation (Dkt. 35) and for good cause shown
20
therein, the Court hereby finds and orders as follows.
21
1. PURPOSES AND LIMITATIONS
22
Discovery in this action is likely to involve production of confidential,
23
proprietary or private information for which special protection from public
24
disclosure and from use for any purpose other than pursuing this litigation may
25
be warranted. Accordingly, the parties hereby stipulate to and petition the Court
26
to enter the following Stipulated Protective Order. The parties acknowledge that
27
this Order does not confer blanket protections on all disclosures or responses to
28
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 2 of 16 Page ID #:698
discovery and that the protection it affords from public disclosure and use
1
extends only to the limited information or items that are entitled to confidential
2
treatment under the applicable legal principles.
3
2. GOOD CAUSE STATEMENT
4
This action is likely to involve information and documents containing or
5
consisting of information relating to third parties, including, but not limited to
6
the names and contact information of employees of Defendant Power Paragon,
7
Inc., payroll records and other information related to the employment of such
8
individuals, for which special protection from public disclosure and from use for
9
any purpose other than prosecution of this action is warranted.
10
Accordingly, to expedite the flow of information, to facilitate the prompt
11
resolution of disputes over confidentiality of discovery materials, to adequately
12
protect information the parties are entitled to keep confidential, to ensure that
13
the parties are permitted reasonable necessary uses of such material in
14
preparation for and in the conduct of trial, to address their handling at the end
15
16 of the litigation, and serve the ends of justice, a protective order for such
17 information is justified in this matter. It is the intent of the parties that
18 information will not be designated as confidential for tactical reasons and that
19 nothing be so designated without a good faith belief that it has been maintained
20 in a confidential, non-public manner, and there is good cause why it should not
21 be part of the public record of this case.
22 3. ACKNOWLEDGMENT OF UNDER SEAL FILING
23 PROCEDURE
24 The parties further acknowledge, as set forth in Section 14.3, below, that
25 this Stipulated Protective Order does not entitle them to file confidential
26 information under seal; Local Civil Rule 79-5 sets forth the procedures that
27 must be followed and the standards that will be applied when a party seeks
28 permission from the court to file material under seal. There is a strong
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 3 of 16 Page ID #:699
presumption that the public has a right of access to judicial proceedings and
1
records in civil cases. In connection with non-dispositive motions, good cause
2
must be shown to support a filing under seal. See Kamakana v. City and County
3
of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors
4
Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony
5
Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective
6
orders require good cause showing), and a specific showing of good cause or
7
compelling reasons with proper evidentiary support and legal justification, must
8
be made with respect to Protected Material that a party seeks to file under seal.
9
The parties’ mere designation of Disclosure or Discovery Material as
10
CONFIDENTIAL does not— without the submission of competent evidence
11
by declaration, establishing that the material sought to be filed under seal
12
qualifies as confidential, privileged, or otherwise protectable—constitute good
13
cause.
14
Further, if a party requests sealing related to a dispositive motion or trial,
15
16 then compelling reasons, not only good cause, for the sealing must be shown,
17 and the relief sought shall be narrowly tailored to serve the specific interest to be
18 protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.
19 2010). For each item or type of information, document, or thing sought to be
20 filed or introduced under seal, the party seeking protection must articulate
21 compelling reasons, supported by specific facts and legal justification, for the
22 requested sealing order. Again, competent evidence supporting the application
23 to file documents under seal must be provided by declaration.
24 Any document that is not confidential, privileged, or otherwise protectable in its
25 entirety will not be filed under seal if the confidential portions can be redacted.
26 If documents can be redacted, then a redacted version for public viewing,
27 omitting only the confidential, privileged, or otherwise protectable portions of
28 the document, shall be filed. Any application that seeks to file documents under
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 4 of 16 Page ID #:700
seal in their entirety should include an explanation of why redaction is not
1
feasible.
2
4. DEFINITIONS
3
4.1 Action: This pending federal lawsuit, Burns v. Power Paragon, Inc.,
4
Central District of California Case No. 8:21-cv-01452-CJC-(JDEx).
5
4.2 Challenging Party: a Party or Non-Party that challenges the
6
designation of information or items under this Order.
7
4.3 “CONFIDENTIAL” Information or Items: information (regardless
8
of how it is generated, stored or maintained) or tangible things that qualify for
9
protection under Federal Rule of Civil Procedure 26(c), and as specified above
10
in the Good Cause Statement.
11
4.4 Counsel: Outside Counsel of Record and House Counsel (as well as
12
their support staff).
13
4.5 Designating Party: a Party or Non-Party that designates
14
information or items that it produces in disclosures or in responses to discovery
15
16 as “CONFIDENTIAL.”
17 4.6 Disclosure or Discovery Material: all items or information,
18 regardless of the medium or manner in which it is generated, stored, or
19 maintained (including, among other things, testimony, transcripts, and tangible
20 things), that are produced or generated in disclosures or responses to discovery.
21 4.7 Expert: a person with specialized knowledge or experience in a
22 matter pertinent to the litigation who has been retained by a Party or its counsel
23 to serve as an expert witness or as a consultant in this Action.
24 4.8 House Counsel: attorneys who are employees of a party to this
25 Action. House Counsel does not include Outside Counsel of Record or any
26 other outside counsel.
27 4.9 Non-Party: any natural person, partnership, corporation,
28 association or other legal entity not named as a Party to this action.
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 5 of 16 Page ID #:701
4.10 Outside Counsel of Record: attorneys who are not employees of a
1
party to this Action but are retained to represent a party to this Action and have
2
appeared in this Action on behalf of that party or are affiliated with a law firm
3
that has appeared on behalf of that party, and includes support staff.
4
4.11 Party: any party to this Action, including all of its officers, directors,
5
employees, consultants, retained experts, and Outside Counsel of Record (and
6
their support staffs).
7
4.12 Producing Party: a Party or Non-Party that produces Disclosure or
8
Discovery Material in this Action.
9
4.13 Professional Vendors: persons or entities that provide litigation
10
support services (e.g., photocopying, videotaping, translating, preparing exhibits
11
or demonstrations, and organizing, storing, or retrieving data in any form or
12
medium) and their employees and subcontractors.
13
4.14 Protected Material: any Disclosure or Discovery Material that is
14
designated as “CONFIDENTIAL.”
15
16 4.15 Receiving Party: a Party that receives Disclosure or Discovery
17 Material from a Producing Party.
18 5. SCOPE
19 The protections conferred by this Stipulation and Order cover not only
20 Protected Material (as defined above), but also (1) any information copied or
21 extracted from Protected Material; (2) all copies, excerpts, summaries, or
22 compilations of Protected Material; and (3) any testimony, conversations, or
23 presentations by Parties or their Counsel that might reveal Protected Material.
24 Any use of Protected Material at trial shall be governed by the orders of
25 the trial judge and other applicable authorities. This Order does not govern the
26 use of Protected Material at trial.
27 / / /
28 / / /
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 6 of 16 Page ID #:702
1
6. DURATION
2
Once a case proceeds to trial, information that was designated as
3
CONFIDENTIAL or maintained pursuant to this protective order used or
4
introduced as an exhibit at trial becomes public and will be presumptively
5
available to all members of the public, including the press, unless compelling
6
reasons supported by specific factual findings to proceed otherwise are made to
7
the trial judge in advance of the trial. See Kamakana, 447 F.3d at 1180-81
8
(distinguishing “good cause” showing for sealing documents produced in
9
discovery from “compelling reasons” standard when merits-related documents
10
are part of court record). Accordingly, the terms of this protective order do not
11
extend beyond the commencement of the trial.
12
7. DESIGNATING PROTECTED MATERIAL
13
7.1 Exercise of Restraint and Care in Designating Material for
14
Protection. Each Party or Non-Party that designates information or
15
16 items for protection under this Order must take care to limit any such
17 designation to specific material that qualifies under the appropriate standards.
18 The Designating Party must designate for protection only those parts of
19 material, documents, items or oral or written communications that qualify so
20 that other portions of the material, documents, items or communications for
21 which protection is not warranted are not swept unjustifiably within the ambit
22 of this Order.
23 Mass, indiscriminate or routinized designations are prohibited.
24 Designations that are shown to be clearly unjustified or that have been made for
25 an improper purpose (e.g., to unnecessarily encumber the case development
26 process or to impose unnecessary expenses and burdens on other parties) may
27 expose the Designating Party to sanctions.
28 If it comes to a Designating Party’s attention that information or items
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 7 of 16 Page ID #:703
that it designated for protection do not qualify for protection, that Designating
1
Party must promptly notify all other Parties that it is withdrawing the
2
inapplicable designation.
3
7.2 Manner and Timing of Designations. Except as otherwise provided
4
in this Order, or as otherwise stipulated or ordered, Disclosure of Discovery
5
Material that qualifies for protection under this Order must be clearly so
6
designated before the material is disclosed or produced.
7
Designation in conformity with this Order requires:
8
(a) for information in documentary form (e.g., paper or electronic
9
documents, but excluding transcripts of depositions or other pretrial or trial
10
proceedings), that the Producing Party affix at a minimum, the legend
11
“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”), to each page
12
that contains protected material. If only a portion of the material on a page
13
qualifies for protection, the Producing Party also must clearly identify the
14
protected portion(s) (e.g., by making appropriate markings in the margins).
15
16 A Party or Non-Party that makes original documents available for
17 inspection need not designate them for protection until after the inspecting Party
18 has indicated which documents it would like copied and produced. During the
19 inspection and before the designation, all of the material made available for
20 inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
21 identified the documents it wants copied and produced, the Producing Party
22 must determine which documents, or portions thereof, qualify for protection
23 under this Order. Then, before producing the specified documents, the
24 Producing Party must affix the “CONFIDENTIAL legend” to each page that
25 contains Protected Material. If only a portion of the material on a page qualifies
26 for protection, the Producing Party also must clearly identify the protected
27 portion(s) (e.g., by making appropriate markings in the margins).
28 (b) for testimony given in depositions that the Designating Party
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 8 of 16 Page ID #:704
identifies the Disclosure or Discovery Material on the record, before the close of
1
the deposition all protected testimony.
2
(c) for information produced in some form other than documentary
3
and for any other tangible items, that the Producing Party affix in a prominent
4
place on the exterior of the container or containers in which the information is
5
stored the legend “CONFIDENTIAL.” If only a portion or portions of the
6
information warrants protection, the Producing Party, to the extent practicable,
7
shall identify the protected portion(s).
8
7.3 Inadvertent Failures to Designate. If timely corrected, an
9
inadvertent failure to designate qualified information or items does not,
10
standing alone, waive the Designating Party’s right to secure protection under
11
this Order for such material. Upon timely correction of a designation, the
12
Receiving Party must make reasonable efforts to assure that the material is
13
treated in accordance with the provisions of this Order.
14
8. CHALLENGING CONFIDENTIALITY DESIGNATIONS
15
16 8.1. Timing of Challenges. Any Party or Non-Party may challenge a
17 designation of confidentiality at any time that is consistent with the Court’s
18 Scheduling Order.
19 8.2 Meet and Confer. The Challenging Party shall initiate the dispute
20 resolution process under Local Rule 37-1 et seq.
21 8.3 Joint Stipulation. Any challenge submitted to the Court shall be via a
22 joint stipulation pursuant to Local Rule 37-2.
23 8.4 The burden of persuasion in any such challenge proceeding shall be on
24 the Designating Party. Frivolous challenges, and those made for an improper
25 purpose (e.g., to harass or impose unnecessary expenses and burdens on other
26 parties) may expose the Challenging Party to sanctions. Unless the Designating
27 Party has waived or withdrawn the confidentiality designation, all parties shall
28 continue to afford the material in question the level of protection to which it is
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 9 of 16 Page ID #:705
entitled under the Producing Party’s designation until the Court rules on the
1
challenge.
2
3 9. ACCESS TO AND USE OF PROTECTED MATERIAL
4 9.1 Basic Principles. A Receiving Party may use Protected Material that is
5 disclosed or produced by another Party or by a Non-Party in connection with
6 this Action only for prosecuting, defending or attempting to settle this Action.
7 Such Protected Material may be disclosed only to the categories of persons and
8 under the conditions described in this Order. When the Action has been
9 terminated, a Receiving Party must comply with the provisions of section 15
10 below (FINAL DISPOSITION).
11 Protected Material must be stored and maintained by a Receiving Party at
12 a location and in a secure manner that ensures that access is limited to the
13 persons authorized under this Order.
14 9.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless
15 otherwise ordered by the court or permitted in writing by the Designating Party,
16
a Receiving Party may disclose any information or item designated
17
“CONFIDENTIAL” only to:
18
(a) the Receiving Party’s Outside Counsel of Record in this Action,
19
as well as employees of said Outside Counsel of Record to whom it is
20
reasonably necessary to disclose the information for this Action;
21
(b) the officers, directors, and employees (including House Counsel)
22
of the Receiving Party to whom disclosure is reasonably necessary for this
23
Action;
24
(c) Experts (as defined in this Order) of the Receiving Party to
25
whom disclosure is reasonably necessary for this Action and who have signed
26
the “Acknowledgment and Agreement to Be Bound” (Exhibit A)
27
(d) the court and its personnel;
28
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STIPULATED PROTECTIVE ORDER
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(e) court reporters and their staff;
1
(f) professional jury or trial consultants, mock jurors, and
2
Professional Vendors to whom disclosure is reasonably necessary for this Action
3
and who have signed the “Acknowledgment and Agreement to Be Bound”
4
(Exhibit A);
5
(g) the author or recipient of a document containing the information
6
or a custodian or other person who otherwise possessed or knew the
7
information;
8
(h) during their depositions, witnesses, and attorneys for witnesses,
9
in the Action to whom disclosure is reasonably necessary provided: (1) the
10
deposing party requests that the witness sign the form attached as Exhibit A
11
hereto; and (2) they will not be permitted to keep any confidential information
12
unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit
13
A), unless otherwise agreed by the Designating Party or ordered by the court.
14
Pages of transcribed deposition testimony or exhibits to depositions that reveal
15
16 Protected Material may be separately bound by the court reporter and may not
17 be disclosed to anyone except as permitted under this Stipulated Protective
18 Order; and
19 (i) any mediators or settlement officers and their supporting
20 personnel, mutually agreed upon by any of the parties engaged in settlement
21 discussions.
22 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
23
24 If a Party is served with a subpoena or a court order issued in other
25 litigation that compels disclosure of any information or items designated in this
26 Action as “CONFIDENTIAL,” that Party must:
27 (a) promptly notify in writing the Designating Party. Such
28 notification shall include a copy of the subpoena or court order;
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STIPULATED PROTECTIVE ORDER
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(b) promptly notify in writing the party who caused the subpoena or
1
order to issue in the other litigation that some or all of the material covered by
2
the subpoena or order is subject to this Protective Order. Such notification shall
3
include a copy of this Stipulated Protective Order; and
4
(c) cooperate with respect to all reasonable procedures sought to be
5
pursued by the Designating Party whose Protected Material may be affected. If
6
the Designating Party timely seeks a protective order, the Party served with the
7
subpoena or court order shall not produce any information designated in this
8
action as “CONFIDENTIAL” before a determination by the court from which
9
the subpoena or order issued, unless the Party has obtained the Designating
10
Party’s permission. The Designating Party shall bear the burden and expense of
11
seeking protection in that court of its confidential material and nothing in these
12
provisions should be construed as authorizing or encouraging a Receiving Party
13
in this Action to disobey a lawful directive from another court.
14
15 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO
16 BE PRODUCED IN THIS LITIGATION
17
(a) The terms of this Order are applicable to information produced
18
by a Non-Party in this Action and designated as “CONFIDENTIAL.” Such
19
information produced by Non-Parties in connection with this litigation is
20
protected by the remedies and relief provided by this Order. Nothing in these
21
provisions should be construed as prohibiting a Non-Party from seeking
22
additional protections.
23
(b) In the event that a Party is required, by a valid discovery request,
24
to produce a Non-Party’s confidential information in its possession, and the
25
Party is subject to an agreement with the Non-Party not to produce the Non-
26
Party’s confidential information, then the Party shall:
27
(1) promptly notify in writing the Requesting Party and the Non-
28
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 12 of 16 Page ID #:708
Party that some or all of the information requested is subject to a confidentiality
1
agreement with a Non-Party;
2
(2) promptly provide the Non-Party with a copy of the Stipulated
3
Protective Order in this Action, the relevant discovery request(s), and a
4
reasonably specific description of the information requested; and
5
(3) make the information requested available for inspection by the
6
Non-Party, if requested.
7
(c) If the Non-Party fails to seek a protective order from this court
8
within 14 days of receiving the notice and accompanying information, the
9
Receiving Party may produce the Non-Party’s confidential information
10
responsive to the discovery request. If the Non-Party timely seeks a protective
11
order, the Receiving Party shall not produce any information in its possession or
12
control that is subject to the confidentiality agreement with the Non-Party
13
before a determination by the court. Absent a court order to the contrary, the
14
Non-Party shall bear the burden and expense of seeking protection in this court
15
16 of its Protected Material.
17 12. UNAUTHORIZED DISCLOSURE OF PROTECTED
MATERIAL
18
19 If a Receiving Party learns that, by inadvertence or otherwise, it has
20 disclosed Protected Material to any person or in any circumstance not
21 authorized under this Stipulated Protective Order, the Receiving Party must
22 immediately (a) notify in writing the Designating Party of the unauthorized
23 disclosures, (b) use its best efforts to retrieve all unauthorized copies of the
24 Protected Material, (c) inform the person or persons to whom unauthorized
25 disclosures were made of all the terms of this Order, and (d) request such person
26 or persons to execute the “Acknowledgment an Agreement to Be Bound”
27 attached hereto as Exhibit A.
28
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STIPULATED PROTECTIVE ORDER
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13. INADVERTENT PRODUCTION OF PRIVILEGED OR
1
OTHERWISE PROTECTED MATERIAL
2
When a Producing Party gives notice to Receiving Parties that certain
3
inadvertently produced material is subject to a claim of privilege or other
4
protection, the obligations of the Receiving Parties are those set forth in Federal
5
Rule of Civil\ Procedure 26(b)(5)(B). This provision is not intended to modify
6
whatever procedure may be established in an e-discovery order that provides for
7
production without prior privilege review. Pursuant to Federal Rule of Evidence
8
502(d) and (e), insofar as the parties reach an agreement on the effect of
9
disclosure of a communication or information covered by the attorney-client
10
privilege or work product protection, the parties may incorporate their
11
agreement in the stipulated protective order submitted to the court.
12
14. MISCELLANEOUS
13
14.1 Right to Further Relief. Nothing in this Order abridges the right of
14
any person to seek its modification by the Court in the future.
15
16 14.2 Right to Assert Other Objections. By stipulating to the entry of this
17 Protective Order, no Party waives any right it otherwise would have to object to
18 disclosing or producing any information or item on any ground not addressed in
19 this Stipulated Protective Order. Similarly, no Party waives any right to object
20 on any ground to use in evidence of any of the material covered by this
21 Protective Order.
22 14.3 Filing Protected Material. A Party that seeks to file under seal any
23 Protected Material must comply with Local Civil Rule 79-5. Protected Material
24 may only be filed under seal pursuant to a court order authorizing the sealing of
25 the specific Protected Material. If a Party’s request to file Protected Material
26 under seal is denied by the court, then the Receiving Party may file the
27 information in the public record unless otherwise instructed by the court.
28
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\ 15. FINAL DISPOSITION
□ After the final disposition of this Action, as defined in paragraph 6, within
3 60 days of a written request by the Designating Party, each Receiving Party
4 || must return all Protected Material to the Producing Party or destroy such
5 material. As used in this subdivision, “all Protected Material” includes all
6 ||Copies, abstracts, compilations, summaries, and any other format reproducing
7 |/or capturing any of the Protected Material. Whether the Protected Material is
g |{returned or destroyed, the Receiving Party must submit a written certification to
9 || the Producing Party (and, if not the same person or entity, to the Designating
10 || Party) by the 60-day deadline that (1) identifies (by category, where appropriate)
11 || all the Protected Material that was returned or destroyed and (2) affirms that the
12 || Receiving Party has not retained any copies, abstracts, compilations, summaries
13 ||or any other format reproducing or capturing any of the Protected Material.
14 || Notwithstanding this provision, Counsel are entitled to retain an archival copy
15 || of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal
16 || Memoranda, correspondence, deposition and trial exhibits, expert reports,
17 ||attorney work product, and consultant and expert work product, even if such
18 ||materials contain Protected Material. Any such archival copies that contain or
19 ||constitute Protected Material remain subject to this Protective Order as set forth
20 |{in Section 6 (DURATION).
21 16. VIOLATION
22 Any violation of this Order may be punished by appropriate measures
23 |/including, without limitation, contempt proceedings and/or monetary
24 |) sanctions.
25 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
26 || DATED: April 15, 2022° Abe LE. SG
7 HN D. EARLY
08 United States Magistrate Judge
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STIPULATED PROTECTIVE ORDER
Case 8 :21-cv-01452-CJC-JDE Document 36 Filed 04/15/22 Page 15 of 16 Page ID #:711
1 EXHIBIT A
2 Acknowledgment and Agreement to Be Bound
3 I hereby acknowledge that I, _____________________________[NAME],
4 ______________________________[POSITION AND EMPLOYER] am about
5 to receive documents and/or information the handling of which is subject to a
6 Protective Order issued in the Action, Burns v. Power Paragon, Inc., Central
7 District of California Case No. 8:21-cv-01452-CJC-(JDEx) (“Protected
8 Material”).
9 I certify that I understand that the Protected Material provided to me is
10 subject to the terms and restrictions of the Stipulation and Protective Order
11 issued in this Proceeding. I have been given a copy of the Stipulation and
12 Protective Order; I have read it, and I agree to be bound by its terms.
13 I understand that Protected Material, as defined in the Stipulation and
14 Protective Order, including any notes or other records that may be made
15 regarding any such Protected Material, shall not be disclosed to anyone except
16 as expressly permitted by the Stipulation and Protective Order. I will not copy
17 or use, except solely for the purposes of this Action, any Protected Material
18 obtained pursuant to the Stipulation and Protective Order, except as provided
19 therein or otherwise ordered by the Court in the Action.
20 I further understand that I am to retain all Protected Material, and all
21 copies there, provided to me in connection with the Action in a secure manner,
22 and that all Protected Material and all such copies thereof are to remain in my
23 personal custody until termination of my participation in this Action,
24 whereupon the Protected Material and any copies thereof will be returned to
25 counsel who provided me with such Material.
26 //
27 //
28
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STIPULATED PROTECTIVE ORDER
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1 I declare under penalty of perjury, under the laws of the United States and
2 the State of California, that the foregoing is true and correct. Executed this ___
3 day of _______, 20___, at __________________.
4
DATED:____________________ By:________________________________
5 Signature
6 _____________________________
Title
7
_____________________________
8 Address
9 ______________________________
City, State, Zip
10
_______________________________
11 Telephone Number
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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STIPULATED PROTECTIVE ORDER