The opinion
Case 2°15-cv-04844-DSF-KS Document 152 Filed 06/17/22 Page1of18 Page ID #:1212
9 IN THE UNITED STATES DISTRICT COURT
10 FOR THE CENTRAL DISTRICT OF CALIFORNIA
11
12
13 | WARITH DEEN ABDULLAH, 2:15-cv-04844 DSF (KSx)
14 Plaintiff, PROPOSEDTS TIEULATED
5 y. ROTECTIVE ORDER
16 Judge: qhe Honorable Karen L.
7 B. PHILLIPS, et al., Action Filed: June 26, 2015
ig Defendants.
19
20 | I. A. PURPOSES AND LIMITATIONS.
21 Discovery in this action is likely to involve production of confidential,
22 | proprietary, or private information for which special protection from public
23 | disclosure and from use for any purpose other than prosecuting this litigation may
24 | be warranted. Accordingly, the Court enters the following Protective Order. The
25 | parties acknowledge that this Order does not confer blanket protections on all
26 | disclosures or responses to discovery and that the protection it affords from public
27 | disclosure and use extends only to the limited information or items that are entitled
28 | to confidential treatment under the applicable legal principles. The parties further
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1 | acknowledge, as set forth in Section 12.3, below, that this Protective Order does not
2 | entitle the parties to file confidential information under seal; Civil Local Rule 79-5
3 | sets forth procedures that must be followed and the standards that will be applied
4 | when a party seeks permission from the court to file material under seal.
5 B. GOOD CAUSE STATEMENT.
6 This action is likely to involve production of confidential, proprietary, or
7 | private information for which special protection from public disclosure and from
8 | use for any purpose other than the defense or prosecution of this action is
9 | warranted. Such confidential and proprietary materials and information consist of:
10 (1) California Department of Corrections and Rehabilitation (“CDCR”)
11 | records regarding the internal investigation into the incident alleged in the
12 | Complaint, which may have the effect of causing harm to the safety and security of
13 | prison officials, the public, or Defendants. All birthdates, social security numbers,
14 | home and work addresses, drivers’ license numbers, home and work telephone
15 || numbers, and identifying information of confidential informants and CDCR
16 || employees will be redacted;
17 (2) Records regarding processes, operations, investigations or other
18 | information relating to CDCR, disclosure of which may have the effect of causing
19 | harm to the safety and security of prison officials, the public, or Defendants. This
20 | includes, but is not limited to, institutional records, maps and diagrams,
21 | photographs, audio or video recordings, witness statements, SMS or text messages,
22 | and emails and other written correspondence. Confidential information is also
23 | personal information of Defendants, including but not limited to home address,
24 | social security number, telephone number, email address, names or identifying
25 | information of family members, the disclosure of which places the safety of
26 | Defendants, who are current and former peace officers, and their family members at
27 | risk. Confidential information also includes all personal identifying information of
28 | any current or former CDCR employee, and any third party entitled to confidential
Case 2°15-cv-04844-DSF-KS Document 152 Filed 06/17/22 Page3of18 Page ID#:1214
1 | protection of personal identifying information under California and/or applicable
2 | federal law. All birthdates, social security numbers, home and work telephone
3 | numbers, information about family members, and material identifying a
4 | confidential informant or inmate-witness will be redacted;
5 (3) Confidential information is also personal information of Plaintiff
6 | generally, including but not limited to home address, birthdate, and social security
7 || number, all of which will be redacted;
8 (4) Portions of Plaintiff Wraith Abdullah’s prison records that includes
9 | confidential information related to third parties that is subject to privacy rights, such
10 | as other inmates’ names or identifying information;
11 (5) Any material that would reveal the identity of a confidential informant or
12 | inmate witness; and
13 (6) Information not generally made available to the public, or which may be
14 | privileged or otherwise protected from disclosure under state or federal statutes,
15 | court rules, case decisions, or common law.
16 Accordingly, to expedite the flow of information, to facilitate the prompt
17 || resolution of disputes over confidentiality or discovery materials, to adequately
18 || protect information the parties are entitled to keep confidential, to ensure that the
19 || parties are permitted reasonable necessary uses of such material in preparation for
20 | and in the conduct of trial, to address their handling at the end of the litigation, and
21 | serve the ends of justice, a protective order for such information is justified in this
22 | matter. It is the intent of the parties that information will not be designated as
23 | confidential for tactical reasons and that nothing be so designated without a good
24 | faith belief that it has been maintained in a confidential, non-public manner, and
25 | there is good cause why it should not be part of the public record in this case.
26
27
28
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] C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER
3 The parties further acknowledge, as set forth in Section 12.3, below, that this
4 | Protective Order does not entitle them to file confidential information under seal;
5 | Local Civil Rule 79-5 sets forth the procedures that must be followed and the
6 || standards that will be applied when a party seeks permission from the Court to file
7 || material under seal.
8 There is a strong presumption that the public has a right of access to judicial
9 | proceedings and records in civil cases. In connection with non-dispositive motions,
10 || good cause must be shown to support a filing under seal. See Kamakana v. City
11 || and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen.
12 | Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony
13 | Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999). The parties’ mere
14 | designation of Disclosure or Discovery Material as “CONFIDENTIAL” does not—
15 || without the submission of competent evidence by declaration, establish that the
16 || material sought to be filed under seal qualifies as confidential, privileged, or
17 || otherwise protectable—constitute good cause.
18 Further, if a party requests sealing related to a dispositive motion or trial, then
19 || compelling reasons, not only good cause, for the sealing must be shown, and the
20 | relief sought shall be narrowly tailored to serve the specific interest to be protected.
21 | See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For
22 || each item or type of information, document, or thing sought to be filed or
23 | introduced under seal in connection with a dispositive motion or trial, the party
24 | seeking protection must articulate compelling reasons, supported by specific facts
25 | and legal justification, for the requested order. Again, competent evidence
26 | supporting the application to file documents under seal must be provided by
97 | declaration.
28
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1 Any document that is 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 | TI. DEFINITIONS.
8 2.1 Action: this pending federal suit, Abdullah v. Phillips, et al., Case No.
9 | 2:15-cv-04844-DSF (KSx).
10 2.2 Challenging Party: a Party or Non-Party that challenges the designation
11 | information or items under this Order.
12 2.3. “CONFIDENTIAL” Information orItems: information (regardless of
13 | how it is generated, stored, or maintained) or tangible things that qualify for
14 | protection under Federal Rule of Civil Procedure 26 (c), and as specified above in
15 || the Good Cause Statement.
16 2.4. “CONFIDENTIAL — ATTORNEYS’ EYES ONLY:”: extremely
17 | sensitive “CONFIDENTIAL” Information or Items, the disclosure of which to
18 | another Party or Non-Party would create a substantial risk of serious harm that
19 || could not be avoided by less restrictive means.
20 2.5. Counsel: Counsel of record and House Counsel (as well as their support
21 | staff).
22 2.6. Designating Party: a Party or Non-Party that designates information or
23 | items that it produces in disclosures or in response to discovery as
24 | “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES ONLY.”
25 2.7. Disclosure of Discovery Material: all items or information, regardless of
26 | the medium or manner in which it is generated, stored, or maintained (including,
27 | among other things, testimony, transcripts, and tangible things), that are produced
28
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1 | or generated in informal discovery, disclosures or responses to discovery in this
2 | matter.
3 2.8. Expert: a person with specialized knowledge or experience in a matter
4 | pertinent to the litigation, who has been retained by a Party or its counsel to serve as
5 | an expert witness or consultant in this Action.
6 2.9. House Counsel: attorneys who are employees of a party to this
7 | Action. House Counsel does not include Outside Counsel of Record or any other
8 | outside counsel.
9 2.10. Non-Party: any natural person, partnership, corporation, association,
10 | or other legal entity not named as a Party to this action.
11 2.11. Outside Counsel of Record: attorneys who are not employees of a
12 | party to this Action but are retained to represent or advise a party to this Action and
13 | have appeared in this Action on behalf of that party or are affiliated with a law firm
14 | which has appeared on behalf of that party, and includes support staff.
15 2.12. Party: any party to this Action, including all of its officers, directors,
16 || employees, consultants, retained experts, and Outside Counsel of Record (and their
17 || support staffs).
18 2.13 Producing Party: a Party or Non-Party that produces Disclosures or
19 || Discovery Material in this Action.
20 2.14 Professional Vendors: __ persons or entities that provide litigation
21 | support services (e.g. photocopying, videotaping, translating, preparing exhibits or
22 | demonstrations, and organizing, storing, or retrieving data in any form or medium)
23 | and their employees and subcontractors.
24 2.15 Protected Material: any Disclosure or Discovery Material that is
25 | designated as “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES
26 | ONLY.”
27 2.16 Receiving Party: a Party that receives Disclosure or Discovery
28 | Material from a Producing Party.
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1 | Il. Scope.
2 The protections conferred by this Order cover not only Protected Material (as
3 | defined above), but also (1) any information copied or extracted from Protected
4 | Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;
5 | and (3) any testimony, conservations, or presentations by Parties or their Counsel
6 | that might reveal Protected Material.
7 Any use of Protected Material at trial shall be governed by orders of the trial
g | judge. This Order does not govern the use of Protected Material at trial.
9 | IV. DURATION.
10 Even after the final disposition of this litigation, the confidentiality obligations
11 | imposed by this Order shall remain in effect until a Designating Party agrees
12 || otherwise in writing or a court order otherwise directs. Final disposition shall be
13 || deemed the later of (1) dismissal of all claims and defenses in this Action, with or
14 || without prejudice; and (2) final judgment herein after the completion and
15 | exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
16 | including the time limits for filing any motions or applications for extensions of
17 | time pursuant to applicable law.
18 | V. DESIGNATING PROTECTED MATERIAL.
19 5.1 Exercise of Restraint and Care in Designating Material for Protection:
20 Each Party or Non-Party that designates information or items for protection
21 | under this Order must take care to limit any such designation to specific material
22 | that qualifies under the appropriate standards. The Designating Party must
23 | designate for protection only those parts of material, documents, items, or oral or
24 | written communications that qualify so that other portions of the material,
25 | documents, items, or communications for which protection is not warranted are not
26 | swept unjustifiably within the ambit of this Order.
7 Mass, indiscriminate, or routinized designations are prohibited. Designations
28 | that are shown to be clearly unjustified or that have been made for an improper
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1 | purpose (e.g., to unnecessarily encumber the case development process or to
2 || impose unnecessary expenses and burdens on other parties) may expose the
3 | Designating Party to sanctions.
4 If it comes to a Designating Party’s attention that information or items that
5 | were designated for protection do not qualify for protection, that Designating Party
6 | must promptly notify all other Parties that it is withdrawing the inapplicable
7 | designation.
8 5.2 Manner and Timing of Designations: | Except as otherwise provided in
9 | this Order (see, e.g. second paragraph of Section 5.2(a) below), or as otherwise
10 | stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
11 | under this Order must be clearly so designated before the material is disclosed or
12 | produced.
13 Designation in conformity with this Order requires:
14 (a) For information in documentary form (e.g., paper or electronic
15 || documents, but excluding transcripts of depositions or other pretrial or trial
16 || proceedings), that the Producing Party affix at a minimum, the legend
17 | “CONFIDENTIAL” or ““CONFIDENTIAL — ATTORNEYS’ EYES ONLY”, to
18 || each page that contains protected material. If only a portion or portions of the
19 || material on a page qualifies for protection, the Producing Party also must clearly
20 | identify the protected portion(s) (e.g., by making appropriate markings on the
21 | margins).
22 A Party or Non-Party that makes original documents available for
23 | inspection need not designate them for protection until after the inspecting Party
24 | has indicated which documents it would like copied and produced. During the
25 | inspection and before the designation, all of the material made available for
26 | inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
27 | identified the documents it wants copied and produced, the Producing Party must
28 | determine which documents, or portions thereof, qualify for protection under this
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1 | Order. Then, before producing the specified documents, the Producing Party must
2 | affix the “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES
3 | ONLY” legend” to each page that contains Protected Material. If only a portion or
4 | portions of the material on a page qualifies for protection, the Producing Party must
5 | also clearly identify the protected portions(s) (e.g., by making appropriate markings
6 | on the margins).
7 (b) For testimony given in depositions that the Designating Party
8 | identify the Disclosure or Discovery Material on the record, before the close of the
9 | deposition all protected testimony.
10 (c) For information produced in some form other than documentary and
11 | for any other tangible items, that the Producing Party affix in a prominent place on
12 | the exterior of the container or containers in which the information is stored the
13 | legend “CONFIDENTIAL” or “CONFIDENTIAL — ATTORNEYS’ EYES
14 | ONLY.” If only a portion or portions of the information warrants protection, the
15 || Producing Party, to the extent practicable, shall identify the protected portion(s).
16 5.3. Inadvertent Failures to Designate: If timely corrected, an inadvertent
17 | failure to designate qualified information or items does not, standing alone, waive
18 || the Designating Party’s right to secure protection under this Order for such
19 | material. Upon timely correction of a designation, the Receiving Party must make
20 | reasonable efforts to assure that the material is treated in accordance with the
21 | provisions of this Order.
22 | VI. CHALLENGING CONFIDENTIAL DESIGNATIONS.
23 6.1 Timing of Challenges: Any Party or Non-Party may challenge a
24 | designation of confidentiality at any time through the date of trial indicated in the
25 | Court’s Scheduling Order.
26 6.2 Meetand Confer: The Challenging Party shall initiate the dispute
27 | resolution process under Local Rule 37.1 et seq.
28
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1 6.3. The burden of persuasion in any such challenge proceeding shall be on
2 | the Designating Party. Frivolous challenges, and those made for an improper
3 | purpose (e.g., to harass or impose unnecessary expenses and burdens on other
4 | parties) may expose the Challenging Party to sanctions. Unless the Designating
5 | Party has waived or withdrawn the confidentiality designation, all parties shall
6 | continue to afford the material in question the level of protection to which it is
7 | entitled under the Producing Party’s designation until the Court rules on the
8 | challenge.
9 | VII. ACCESS TO AND USE OF PROTECTED MATERIAL.
10 7.1. Basic Principles: | A Receiving Party may use Protected Material that is
11 | disclosed or produced by another Party or by a Non-Party in connection with this
12 | Action only for prosecuting, defending, or attempting to settle this Action. Such
13 | Protected Material may be disclosed only to the categories of persons and under the
14 | conditions described in this Order. When the Action is terminated, a Receiving
15 | Party must comply with the provisions of Section 13 below (FINAL
16 | DISPOSITION).
17 Protected Material must be stored and maintained by a Receiving Party at a
18 || location and in a secure manner that ensures that access is limited to persons
19 || authorized under this Order.
20 7.2 Disclosure of “CONFIDENTIAL” or “CONFIDENTIAL —
21 | ATTORNEYS’ EYES ONLY” Information or Items: Unless otherwise ordered
22 | by the court or permitted in writing by the Designating Party, a Receiving Party
23 | may disclose any information or item designated “CONFIDENTIAL” only to:
24 (a) the Receiving Party’s Outside Counsel of Record in this Action, as
25 | well as employees of said Outside Counsel of Record to whom it is reasonably
26 || necessary to disclose this information for this Action;
27 (b) the officers, directors, and employees (including House Counsel) of
28 | the Receiving Party to whom disclosure is reasonably necessary for this Action;
10
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1 (c) Experts (as defined by this Order) of the Receiving Party to whom
2 || disclosure is reasonably necessary for this Action and who have signed the
3 | “Acknowledgment and Agreement to Be Bound” (Exhibit A);
4 (d) the court and its personnel;
5 (e) court reports and their staff;
6 (f) professional jury or trial consultants, mock jurors, and Professional
7 | Vendors to whom disclosure is reasonably necessary for this Action and who have
8 | signed the “Acknowledgement and Agreement to Be Bound” (Exhibit A);
9 (g) the author or recipient or a document containing the information or
10 | custodian or other person who otherwise possessed or knew the information;
11 (h) during their depositions, witnesses, and attorneys for witnesses, in
12 | the Action to whom disclosure is reasonably necessary provided the witness and
13 | attorneys for the witness have signed the “Acknowledgment and Agreement to Be
14 | Bound” (Exhibit A), unless otherwise agreed by the Designating Party or ordered
15 || by the court. Pages of transcribed deposition testimony or exhibits to depositions
16 || that reveal Protected Material must be separately bound by the court reporter and
17 || may not be disclosed to anyone except as permitted under this Protective Order; and
18 (i) any mediator or settlement officer, and their supporting personnel,
19 | mutually agreed upon by any of the parties engaged in settlement discussions.
20 UNDER NO CIRCUMSTANCES SHOULD MATERIAL DESIGNATED
21 | “CONFIDENTIAL” AND/OR “CONFIDENTIAL - ATTORNEYS’ EYES
22 | ONLY” BE DISCLOSED TO PLAINTIFF OR NON-PARTY INMATES,
23 | WHETHER THEY ARE ASSISTING PLAINTIFF IN THE PROSECUTION
24 | OF THIS ACTION OR OTHERWISE.
25 7.3. Items to be Disclosed and Manner of Disclosure
26 (a) Pursuant to the Parties’ agreement, Defendants will produce the
27 | following documents, redacted where necessary, to the extent they exist, which will
28 | be marked “CONFIDENTIAL — FOR ATTORNEYS’ EYES ONLY.” The
11
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1 | documents are related to Plaintiff's prison administrative grievance CMC-E-14-
2 | 01148:
3 (i) Notice of Interview re: Complaint Against Staff (CDCR Form 602)
4 Log #CMC-E-14-01148;
5 (ii) Any available transcripts of interviews of individual staff members
6 or inmates taking in connection with CDCR Form 602 Log
7 #CMC-E-14-01148
8 (iii) Notes taken by P. Noland during/regarding interview of individual
9 staff members or inmates in connection with CDCR Form 602
10 Log #CMC-E-14-01148;
11 (iv) Notes taken by any CMC staff member regarding investigation of
12 CDCR Form 602 Log #CMC-E-14-01148;
13 (v) Notes taken by W. Montoya regarding investigation of CDCR Form
14 602 Log #CMC-E-14-01148;
15 (vi) Statements by W. Montoya in response to the investigation into
16 CDCR Form 602 Log #CMC-E-14-01148;
17 (vii) Advisement of Rights — Appeal Inquiry (CDCR Form 602 —
18 Complaint Against Staff);
19 (viii) Notification of Staff Complaint; and
20 (ix) Confidential Supplement to Appeal “Appeal/Allegation Inquiry.”
21
99 VEEL ROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
23 If a Party is served with a subpoena or a court order issued in other litigation
24 | that compels disclosure of any information or items designated in this Action as
25 | “CONFIDENTIAL,” that Party must:
26 (a) promptly notify in writing the Designating Party. Such notification
27 | shall include a copy of the subpoena or court order;
28
12
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1 (b) promptly notify in writing the party who caused the subpoena or
2 | order to issue in the other litigation that some or all of the material covered by the
3 | subpoena or order is subject to this Protective Order. Such notification shall
4 | include a copy of this Protective Order; and
5 (c) cooperate with respect to all reasonable procedures sought to be
6 || pursued by the Designating Party whose Protected Material may be affected.
7 If the Designating Party timely seeks a protective order, the Party served with
8 | the subpoena or court order shall not produce any information designated in this
9 | action as “CONFIDENTIAL” before a determination by the court from which the
10 | subpoena or order issued, unless the Party has obtained the Designating Party’s
11 | permission. The Designating Party shall bear the burden and expense of seeking
12 | protection in that court of its confidential material and nothing in these provisions
13 | should be construed as authorizing or encouraging a Receiving Party in this Action
14 | to disobey a lawful directive from another court.
15
16 IX. A Non-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
17 (a) The terms of this Order are applicable to information produced by a Non-
18 || Party in this action and designated as “CONFIDENTIAL.” Such information
19 || produced by Non-Parties in connection with this litigation is protected by the
20 | remedies and relief provided by this Order. Nothing in these provisions should be
21 | construed as prohibiting a Non-Party from seeking additional protections.
22 (b) In the event that a Party is required, by a valid discovery request, to
23 | produce a Non-Party’s confidential information in its possession, and the Party is
24 | subject to an agreement with the Non-Party not to produce the Non-Party’s
25 | confidential information, then the Party shall:
26 (1) promptly notify in writing the Requesting Party and the Non-
27 | Party that some or all of the information requested is subject to a confidentiality
28 || agreement with a Non-Party;
13
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1 (2) promptly notify the Non-Party with a copy of the Protective
2 || Order in this Action, the relevant discovery request(s), and a reasonably specific
3 | description of the information requested; and
4 (3) make the information requested available for inspection by the
5 | Non-Party, if requested.
6 (c) Ifthe Non-Party fails to seek a protective order from this court within 14
7 | days of receiving the notice and accompanying information, the Receiving Party
8 || may produce the Non-Party’s confidential information responsive to the discovery
9 | request. If the Non-Party timely seeks a protective order, the Receiving Party shall
10 | not produce any information in its possession or control that is subject to the
11 | confidentiality agreement with the Non-Party before a determination by the court.
12 | Absent a court order to the contrary, the Non-Party shall bear the burden and
13 | expense of seeking protection in this court of its Protected Material.
14 | X. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL.
15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
16 || Protected Material to any person or in any circumstance not authorized under this
17 || Protective Order, the Receiving Party must immediately (a) notify in writing the
18 || Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve
19 | all unauthorized copies of the Protected Material, (c) inform the person or persons
20 | to whom unauthorized disclosures were made of all the terms of this Order, and (d)
21 | request such person or persons to execute the “Acknowledgement and Agreement
22 | to Be Bound” that is attached hereto as Exhibit A.
23
44 XI. INADVERTENT FRODUCTION OF PRIVILEGED OR OTHERWISE
25 When a Producing Party gives notice to Receiving Parties that certain
26 | inadvertently produced material is subject to a claim of privilege or other
27 | protection, the obligations of the Receiving Parties are those set forth in Federal
28 | Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify
14
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1 | whatever procedure may be established in an e-discovery order that provides for
2 | production without prior privilege review. Pursuant to Federal Rule of Evidence
3 | 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure
4 | of a communication or information covered by the attorney-client privilege or work
5 | product protection, the parties may incorporate their agreement in the Protective
6 | Order submitted to the Court.
7 || XII. MISCELLANEOUS.
8 12.1 Right to Further Relief: Nothing in this Order abridges the right of any
9 | person to seek its modification by the Court in the future.
10 12.2 Right to Assert Other Objections: By stipulating to the entry of this
11 | Protective Order, no Party waives any right it otherwise would have to object to
12 | disclosing or producing any information or item on any ground not addressed in
13 | this Protective Order. Similarly, no Party waives any right to object on any ground
14 | to use in evidence of any of the material covered by this Protective Order.
15 12.3 Filing Protective Material: | A Party that seeks to file under seal any
16 || Protected Material must comply with Civil Local Rule 79-5. Protected Material
17 || may only be filed under seal pursuant to a court order authorizing the sealing of the
18 || specific Protected Material at issue. If a Party’s request to file Protected Material
19 || under seal is denied by the Court, then the Receiving Party may file the information
20 | in the public record unless otherwise instructed by the Court.
21 | XIII. FINAL DISPOSITION.
22 After the final disposition of this Action, as defined in paragraph 4, within 60
23 | days of a written request by the Designating Party, each Receiving Party must
24 | return all Protected Material to the Producing Party or destroy such material. As
25 | used in this subdivision, “all Protected Material” includes all copies, abstracts,
26 | compilations, summaries, and any other format reproducing or capturing any of the
27 | Protected Material. Whether the Protected Material is returned or destroyed, the
28 | Receiving Party must submit a written certification to the Producing Party (and, if
15
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1 | not the same person or entity, to the Designating Party) by the 60 day deadline that
2 | (1) identifies (by category, where appropriate) all the Protected Material that was
3 | returned or destroyed and (2) affirms that the Receiving Party has not retained any
4 | copies, abstracts, compilations, summaries or any other format reproducing or
5 | capturing any of the Protected Material. Notwithstanding this provision, Counsel
6 | are entitled to retain an archival copy of all pleadings, motion papers, trial,
7 | deposition, and hearing transcripts, legal memoranda, correspondence, deposition
8 | and trial exhibits, expert reports, attorney work product, and consultant and expert
9 | work product, even if such materials contained Protected Material. Any such
10 | archival copies that contain or constitute Protected Material remain subject to this
11 | Protective Order as set forth in Section TV (DURATION).
12 | XIV. VIOLATION.
13 Any violation of this Order may be punished by any and all appropriate
14 | measures including, without limitation, contempt proceedings and /or monetary
15 || sanctions.
16 IT IS SO STIPULATED.
17 | ///
18 | //
19 | ///
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Case 2:15-cv-04844-DSF-KS Document 152 Filed 06/17/22 Page17of18 Page ID #:1228
1 . Respectfully submitted,
□ DATED: June 14, 2022 THOMPSON COBURN LLP
3 Tou
KACEY R. RICCOMINI
6 Attorneys for Plaintiff
7 WARITH DEEN ABDULLAH
. Respectfully submitted
9 DATED: June 14, 2022 R Ob 5 ONT A ’
Attorney General of California
10 R. LAWRENCE BRAGG G '
upervising Depu ttorney Genera
1 NECULATGRECRA
0 Deputy Attorney General
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4 By: [ (Ue
R. LAWRENCE BRAGG
15 Supervising Deputy Attorney General
Attorneys for Defendant
16 W. Montoya
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18 IT IS SO ORDERED.
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20 || Dated: June 17, 2022 Assen □□□ Plasensrs
41 The’ Honorable Karen L. Stevenson
United States Magistrate Judge
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Case 2:15-cv-04844-DSF-KS Document 152 Filed 06/17/22 Page 18o0f18 Page ID #:1229
| EXHIBIT A
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
3 I, [print or type full name], of
4 [print or type full address],
5 | declare under penalty of perjury that I have read in its entirety and understand the
6 | Protective Order that was issued by the United States District Court for the Central
7 | District of California on [date] in the case of Abdullah v.
8 || Phillips, et. al., Case No. 2:15-cv-04844 DSF (KSx). I agree to comply with and to
9 | be bound by all the terms in this Protective Order and I understand and
10 | acknowledge that failure to so comply could expose me to sanctions and
11 | punishment in the nature of contempt. I solemnly promise that I will not disclose in
12 | any manner any information or item that is subject to this Protective Order to any
13 | person or entity except in strict compliance with the provisions of this Order. I
14 | further agree to submit to the jurisdiction of the United States District Court for the
15 | Central District of California for the purpose of enforcing the terms of this
16 | Protective Order, even if such enforcement proceedings occur after termination of
17 | this action. I hereby
18 | appoint
19 | [print or type full address and telephone number] as my California agent for service
20 | of process in connection with this action or any proceedings related to enforcement
21 | of this Protective Order.
22 | Date:
23 | City and State where sworn and signed:
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25 | Printed name:
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27 | Signature:
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